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Class Action in Tasmania

This is a discussion on Class Action in Tasmania within the Campaigns & News anti misandry forums, part of the Activism Assembly category; It's amazing what goes on under your nose. I didn't know anything about this or the group behind it. Violence ...

  1. #1
    Percy's Avatar
    Percy is online now A Knackered Old Knight.
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    Class Action in Tasmania


    It's amazing what goes on under your nose. I didn't know anything about this or the group behind it.

    Violence law faces challenge

    GILL VOWLES
    http://www.themercury.com.au/article/2010/03/14/133845_scalesofjustice.html

    March 14, 2010 08:50am
    A TASMANIAN group has filed a $200 million class action against Premier David Bartlett and the Director of Public Prosecutions.

    It is believed to be the first Australian class action against a law.

    JAIL (Juries Against Illegal Laws) filed papers with the Federal Court of Australia on February 4 claiming that the Family Violence Act 2004 (Tasmania) was invalid.

    The group is claiming $200 million in damages under Section 46 of the Australian Human Rights Commission Act.

    JAIL is also seeking an additional $200,000 in damages for unlawful assault, trespass, negligence, conspiracy to cause economic loss, intimidation and defamation.

    The writ further seeks an order that the Tasmanian Government and DPP Tim Ellis cease to engage in arresting people without proper evidence or procedures, giving police judicial powers, denying people the right to a fair and proper hearing and usurping the proper role of the courts.

    JAIL president Ray Escobar said that if the class action was successful the money would be given to all the Tasmanians who had suffered under the Family Violence Act.

    JAIL, formed in early 2008, now has more than 200 members around Tasmania who have been, or are related to, victims of false applications for violence orders.

    Mr Escobar said JAIL was being represented by one of the finest legal minds in Australia, Sir John Walsh of Brannagh, who lives on Norfolk Island.

    Sir John said he agreed to represent JAIL because the case raised important and fundamental questions of human rights, such as the presumption of innocence, right to a fair trial and the separation of powers.

    "The legislation, and the way it is enforced, is contrary to human rights and to international law as accepted by Australia," Sir John said.
    "The legislation conflicts with the Constitution of Australia and with the fundamental rights of all Australians."

    Sir John said he was confident a federal judge would apply the law of the Commonwealth and the fundamental principles of Australia's legal system.

    JAIL's application has been set down for hearing in the Tasmanian registry of the Federal Court of Australia at 10am on Monday, April 12.
    Going to Norfolk Island to find a QC is a bit like the 'Castle' film. !

    If you want to give support and find out more see:

    Ray Escobar
    “Lest We Forget”

    J.A.I.L

    Email: rjescobar1@bigpond.com

    Also:

    http://taxtyranny.ca/index.php?command=show&ID=13206

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





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    Re: Class Action in Tasmania

    Ray can send you a full copy of the Court docs by pdf.

    I am not sure how to post a pdf. link or a pdf. file copy here.

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  4. #3
    Percy's Avatar
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    Re: Class Action in Tasmania

    Splutter, splutter......

    I am amazed that no-one has made a comment.

    This is like taking the Governor of Alaska's arse to Court for subverting the Constitution.

    In Australia this action is UNPRECEDENTED.

    People here need to be posting this news around everywhere and getting support going for the JAIL group and Ray Escobar.

    At the very least send the man an email of support.

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





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    Re: Class Action in Tasmania

    """"The legislation, and the way it is enforced, is contrary to human rights and to international law as accepted by Australia," Sir John said. ....

    "The legislation conflicts with the Constitution of Australia and with the fundamental rights of all Australians." """

    he must be referring to the star chamber machinations agin men in their "relationships" or is that "bondage" with wimyn in in Australia

    the basic tenet is tails she wins heads he loses


  6. #5
    omegaflux's Avatar
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    Re: Class Action in Tasmania

    Quote Quote from Percy View Post
    It's amazing what goes on under your nose. I didn't know anything about this or the group behind it.
    Nor did I. I'll have to look them up and send an e-mail stating my support.

    The writ further seeks an order that the Tasmanian Government and DPP Tim Ellis cease to engage in arresting people without proper evidence or procedures, giving police judicial powers, denying people the right to a fair and proper hearing and usurping the proper role of the courts.
    Sounds about right.

    Sir John said he was confident a federal judge would apply the law of the Commonwealth and the fundamental principles of Australia's legal system.
    While I too am hopeful, as this would be a huge step forward, I won't be holding my breath. To be confident that a federal judge would do what's right would mean believing the federal judge cares about such things. When these laws are made and passed, they are done so with full knowledge of their incompatibility with current national and international laws regarding human rights and equal protection.

    I do wish Sir John Walsh the best of luck with this case. I do hope he wins and that others throughout the world will follow suit and challenge these laws.

  7. #6
    Percy's Avatar
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    Re: Class Action in Tasmania

    It should be noted that Tim Ellis as DPP made a strenuous objection to this law, along with the Chief Justice and the President of the Law Council. They issued a statement saying clearly that it was against natural justice.

    The law was written by and pushed through Parliament by the feminazi drunkard Judy Jackson when she was Attorney General. She dismissed the three Law officers' objections saying, "Of course they complain. They are men".

    I have personally emailed all members of both Houses several times about this law and even cornered Peg Putt, the greenie MP, in a cafe and gave her a sound talking to. I also did a big leaflet handout in the Mall in Hobart about it. (I posted it here on AM. 'Superman seeks Justice'.)

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  8. #7
    outdoors's Avatar
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    Re: Class Action in Tasmania

    just reword that complaint a little and the exact same reasons could be used right here in Canada

    there was lotsa talk on the cbc comments section of starting a class action lawsuit in a story percy previously posted;

    "it's not only women who are victim's of domestic violence"

    men are getting to the point in Canada that something is going to happen soon

    i thought that maybe the human rights commission would be willing to help-lol--but seems that these laws are ok as long as it is only men that are being effected

    they just don't give a shit as they are another feminist controlled arm of the government that should also be named in any class action suit that should arise out of these blatant hate laws against men

  9. #8
    Percy's Avatar
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    Re: Class Action in Tasmania

    I have doubts that the Court will rule against this Law or against the Premier. But the very fact that the case has been listed is a gain. The publicity will raise people's consciousness of the travesty.

    Ray needs ALL the ENCOURAGEMENT we can give him.

    Send him an email of support.

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  10. #9
    Percy's Avatar
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    Re: Class Action in Tasmania

    Superman seeks Justice



    Superman has been missing from Action for several years now. People watch the skies and their calls for help go unanswered. “Where are you, Superman”, they cry.




    Something Changed.


    He found love in the arms of work-experience journalist, Lois Lane. “Oh, Superman, you are so Super”, she sighed. “You’re pretty good yourself. Lois” he reassured her,


    “even if I am carrying the Problems of the World on my Super shoulders”.




    They settled down to married life together. Of all the places in the world to live she chose Tasmania. “I feel so Safe at Home here”, she said. “But I can make sure you are safe anywhere, Lois” he offered, “I am the Super-guy that helps everyone. I am even coaching the kiddies footy and building a new church from recycled string.




    “Ah, but Darling, you don’t want to make me mad, do you?”, she argued. So they moved to Moonah. And it hasn’t been happy-ever-after for you or him. Happiness didn’t last long. “Oh, Superman, you take so little notice of me”, she cried after two months.


    “Its been one disaster after another. What about meeee?”




    “You belittle my important career”, she complained. “You never take me flying anymore; you refused to beat-up that nasty sub-editor who rewrote my article on Women’s Rights; you think more about saving foreigners’ lives than doing the hoovering and why do you tell me not to iron your underpants?”




    Superman took to hoovering and speaking stern words to meek sub-editors and rescheduled his arrival at some of the smaller train crashes and minor earthquakes.



    He tried to fit an hour or two’s flying for Lois, building up to daily around the world trips to shopping Malls in Dubai and Rome. But Lois became even more unhappy and phoned the cops “Oh, help me, please, Superman ‘looked’ at me and it ruined my hair”.




    The cops waited until Superman returned from a Tsunami in Asia where he blew back the wave, and catching him by surprise they Maced him. It took 15 of them, with dogs, and three Taser shots to subdue him. They waved the Safe at Home Act’ in his face.




    “Gotcha, Superman, ya barstard. Ya missus told us all about how you beat her up and won’t let her work. And she say’s you deliberately make a crap job of the ironing.


    Its the pokey for you, sunshine”.




    “But Officer”, protested Superman”, I didn’t. I don’t need creases in my undies”




    ‘Resisting arrest, ya barstard.!! We don’t need evidence”, they cried. They put their size 10 boots in, handcuffed him with Kryptonite and threw him in the Jailhouse.




    The Official Response.


    It took three months in the pokey, as bail wasn’t allowed under the Act that made Lois ‘feel’ safe, before Superman’s arse was hauled before the Magistrate. Half an hour of Lois’s imaginary complaints were heard. She used her journalistic skills. Inventive.




    “He neglected me, preferring to spend a whole day with 2000 Brazilian hussies and their children in a mud slide. And he was away all night cavorting with some Armenian hussies just because a tiny earthquake knocked a house or two down. He’s MY Superman. But he gives me these ‘looks’ whenever I try to communicate my feelings”




    The Magistrate listened carefully. “You have correctly followed the Procedures,


    Poor Woman”, he said. “What a brute”.




    EMOTIONAL ABUSE, the headlines read. Another $73 million of taxpayers’ money was ordered to be spent on Domestic Violence advertisments for the tele.




    “Superman ABUSES WOMEN”, said the next day’s Mercury headlines. Several other women came forward, all claiming that Superman had ‘looked’ at them too. A police Benchmark was set to arrest 100 men a month wearing underpants outside their trousers.

    PERVERTS in MOONAH”, said the sub-editor, trying to get back in Lois’s good books. She was promoted for his creativity. Bank robbery investigations were rescheduled by the Commissioner of Police, and Myer’s Menswear Dept was staked out for eight months around the clock by a team of SWAT cops.




    There were no reports of the following Family Court hearings (forbidden, of course, under the Family Law Act) after Superman had an Apprehended Violence Order imposed and was forbidden to use any powers that could be possibly used within 15,000 kms of Lois’s home: the one he’d bought. He lost that. And the furniture. She demanded a car too saying she needed one as she was used to travel. He was ordered to provide.

    Thankfully there were no children or it would have been the last time he saw them. Far too dangerous.



    His lawyer billed him for 220 hours work at $350 an hour. + phones. And for her.



    Broke and homeless, without a licence to use his skills, forbidden to fly anywhere, even ‘look’, his body declared a ‘weapon’, Superman deteriorated quickly.


    Faster than a speeding bullet, in fact.



    He was even drummed out of the local Mensa chapter.




    “Lois lied” he said to anyone who’d listen. But as Judy Jackson the AG had said,


    Complain? Well of course he complains. He’s just a man”.



    The DPP, President of the Law Council and Supreme Court Judge, the same.



    Men!!(tm)



    Feminazi Judy left Office with a taxpayer funded, year’s supply of booze.


    The Laws Stayed




    To be a Man in Tasmania, is not Safe.




    Even Superman is dispossessed


    Just on an Accusation. Lies do Fine.


    You Stand No Chance.


    No Justice.



    Women, is that what you really wanted?




    Bartlett now wears the Super Underpants. Feel Safe, ladies? Did you want that too?




    Stand up for YOUR Superman. Disown Lois and Judy. Complain to your MP.


    Get Rid of this Wicked, Anti-Male, Feminazi Law.





    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  11. #10
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    Re: Class Action in Tasmania

    Nice skit Percy.

    It looks like this Sir John Walsh fellow will give this undemocratic act a public airing at the very least.
    The wicked flee when none pursueth. Proverbs 28:1

    'Rise like Lions after slumber In unvanquishable number - Shake your chains to earth like dew Which in sleep had fallen on you - Ye are many - they are few.'

    Percy Bysshe Shelley

    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty. "
    Thomas Jefferson

    The internet has been a lifeboat for men's opposition to the floodings of feminism.
    Celtic Druid

  12. #11
    Percy's Avatar
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    Re: Class Action in Tasmania

    I have been in touch with Ray to get a better understanding of matters.

    He says (paraphrased from emails)

    The case, which will be heard on Monday the 12th of April, is only a Directions Hearing, so there will be no demonstration. However Members and Supporters will be welcomed to attend the directions hearing.

    A "Directions Hearing" is where the Docket Judge sets down the date for the actual hearing (Trial)? The Docket Judge also looks at any other documents that may need to be filed and fixes a time for those documents to be filed, normally 21 days before the actual trial date.

    The “Directions hearing” is not the actual trial but the preliminaries required prior to fixing a date for the actual trial.

    The judge will also ask if there are any preliminary issues to be raised (interlocutory matters). He will set time tables for discovery of documents etc. and any other matters prior to trial.


    When D-day arrives for the big case we will, I hope, come out in mass and rattle the oppressors, tyrants and politicians that treat us as slaves and fools.

    I hope that we will keep a vigil outside the court for a period of 5 days before the D-day court case so that the media and other supporters can rally around our cause for the return of justice to our legal system and the protection of our families.
    Now, if any Oz members here want to travel down to Hobart I can put you up with a bed or a settee or a blow-up matress on the floor. Just let me know by pm.

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  13. #12
    Percy's Avatar
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    Re: Class Action in Tasmania

    Update.

    The 'Hearings' happened to day.

    Ray and a small number of people travelled down from Launceston (about 225 kms away) with Dr John Walsh, the Barrister, and met up with me and half a dozen more folk. Togther we numbered 14 including a law student along for the ride and an elderly lady in a motorised wheelchair. It was a drizzly day but not cold, and people were scurrying past and getting pamphlets thrust into their hands. (Mine is above.) We looked a motley lot but quite sane and safe. No rioting !

    I had previously alerted the newspapers and TV and a reporter and camera from WIN TV (a regional station) turned up and did a 'court-steps' interview with Ray Escobar. I was in the background dressed as a decrepit and knackered old Superman ! We might make the evening news. !!

    The Case was presented to a packed Court (us) and the State's barrister asked for a 'dismissal'. The Judge refused but asked for both sides to submit affidavits for a second hearing in May when he will decide whether to let it go ahead or dismiss it. If the latter occurs we will appeal to the High Court in Canberra. If he does allow it to go ahead we will get a date for the Full Bench to hear the case.

    It is a small victory and so far means little. But we have generated some publicity and additional 'members' who want to pursue things further.

    No snaps I'm afraid. I will try to get some next month.

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  14. #13
    Percy's Avatar
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    Re: Class Action in Tasmania

    Our Court case here was overshadowed slightly by another case.

    That case in itself shows the quality of the small Parliament we have here in Tasmania which passes such laws against men and overthrows habeus corpus.

    DANIELLE McKAY
    April 12, 2010 11:45am
    http://www.themercury.com.au/article/2010/04/12/139415_scalesofjustice.html?referrer=email&source= ME_nl&emcmp=Mercury&emchn=Newsletter&emlist=Member

    A CHILD-SEX case against a Tasmanian MP, allegedly involving a 12-year-old prostitute, continued in Hobart today.

    The case case against independent MLC Terry Martin continued today, but the 51-year-old was notably absent.

    Mr Martin, of Claremont, was not required for the brief proceedings in the Supreme Court of Hobart this morning.

    The member for Elwick, who is on leave from the Legislative Council, was ordered to reappear in court on May 10 by Justice David Porter.

    He faces charges of having sexual intercourse with a girl under the age of 17 and possessing and producing child pornography.

    Two of the three charges allegedly involve a 12-year-old Hobart girl.

    He has pleaded not guilty to the charges.

    Mr Martin was arrested after presenting himself by arrangement at Glenorchy CIB on October 30.

    Mr Martin was granted leave from Tasmania's Upper House in November, by a motion that was unanimously supported in Parliament.

    However, nominations for the Legislative Council closed yesterday and Mr Martin did not throw his hat in the ring.

    Mr Martin's term will cease on April 30, a new member will be elected on May 1.

    The former mayor of Glenorchy has been a member of the Legislative Council since 2004.

    Cum dilectione hominum et odio vitiorum
    Love the Sinner but not the Sin.
    (St. Augustine)

    For we wrestle not against flesh and blood, but against principalities, against powers,
    against the rulers of the darkness of this world, against spiritual wickedness in high places. “
    (and within ourselves)
    (Ephesians 6:12 (KJV)

    A Feminist is a human being who has lost her way and turned vicious.
    If you meet one on the road as you Go your Own Way,
    offer kindness but keep your sword drawn.
    (Me)





  15. #14
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    Re: Class Action in Tasmania

    Excellent work Percy!

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    Re: Class Action in Tasmania

    Seconded.
    The wicked flee when none pursueth. Proverbs 28:1

    'Rise like Lions after slumber In unvanquishable number - Shake your chains to earth like dew Which in sleep had fallen on you - Ye are many - they are few.'

    Percy Bysshe Shelley

    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty. "
    Thomas Jefferson

    The internet has been a lifeboat for men's opposition to the floodings of feminism.
    Celtic Druid


 

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