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Sun 14th March 2010

Class Action against State Government

Filed under: General — amfortas @ 4:55 pm

Violence law faces challenge
by GILL VOWLES
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.

Link Here
For those interested in further info, contact: Ray Escobar, “Lest We Forget”, J.A.I.L
Email: rjescobar1@bigpond.com

34 Responses to “Class Action against State Government”

  1. Dan says:

    I’d be willing to join in such an action if it was even possible in NZ!!!!

    My hat is off to the Aussies!!!

    Dan

  2. julie says:

    Awesome. Soooo, who’s for a merger between Aussie and Kiwiland?

  3. Gerry says:

    Sadly for the plaintiffs “Sir John Walsh of Brannagh” is a somewhat controversial character who may not be what he appears. Just Google the name and see what you come up with. While I commend this class action, having researched the plaintiffs’ counsel, I wouldn’t get too excited about what “Sir John” may achieve.

  4. noconfidence says:

    Regardless; it does raise the issue of the human rights abuses that occur due to the Australian government’s family violence act.
    Every time this gets into the media we (victims of family violence) win a small battle.

  5. Roger of ACT says:

    I am if it gives me a chance of meeting up with you. Holidayed with my son on the North Island last August. Very nice place.

  6. Roger of ACT says:

    I’ve googled the name as you suggested and see what you mean. I share your thoughts on this.

  7. Judge Dread says:

    Kiwi men are far too frightened to bring class action against us in the corrupt Family Court even though they have truck loads of evidence of a malicious system.

  8. SicKofNZ says:

    Judge Dread says: Kiwi men are far too frightened to bring class action against us in the corrupt Family Court even though they have truck loads of evidence of a malicious system.

    Would you please supply the link to your research and results?
    I can’t imagine what there is to fear. Will they destroy our families and deprive us of our children?
    Dan (post #1) has already stated that he would be willing. I’m also keen. I don’t think the problem is the will but rather the knowledge required to kick-start a class action.
    Where does one begin?
    What is involved?

  9. julie says:

    To Dread,

    Why did you give yourself the title of judge? And why do you judge MRAs and pull them down?

    I know there are some women out there who judge their men and call them weak, useless, incapable of achieving and so on and I know it destroys the man so badly he becomes a doormat.

    But why are you doing it to men as a man? I’d really like to know because there seems to be a few of you doing this to MRAs. It kinda makes me feel sick because many MRAs become MRAs from abuse they’ve received in the past and they should feel safe in a men’s movement.

  10. SicKofNZ says:

    I reckon a Judge’s verdict reveals more about himself than those he judges.
    Please take care that you don’t frighten him further Julie 😉

  11. SicKofNZ says:

    There is the possibility that a New Zealand/Australia merger would be just the beginning of something much bigger … like a New World Order with a One World Government. One just needs to see what the Lisbon Treaty has done for European democracy to have concerns. The European President is merely an unelected Bilderberg stooge.

  12. julie says:

    Good for you SicKofNZ.
    I don’t get what’s up with some of the men who comment on this site but I’m glad your not discouraged easily. 🙂

  13. julie says:

    There is the possibility that a New Zealand/Australia merger would be just the beginning..

    I do wonder about things like that too. But then I wonder whether we are merged in everything but name.

    Hey, wasn’t there debate about merging 20 years ago? I don’t know but I heard something.

  14. julie says:

    Hi Roger, thank-you for your nice words. What is ACT?

  15. SicKofNZ says:

    julie says: Hey, wasn’t there debate about merging 20 years ago? I don’t know but I heard something.

    Yes, there have been hints at merging for decades. Once we were even told that we were all Asians which I suspect was to butter us up for being part of an Asian Union eventually.

  16. gwallan says:

    Um, no.

    Australians struggle to view Tasmania as a part of the country. New Zealand would lose it’s identity completely.

  17. julie says:

    Once we were even told that we were all Asians which I suspect was to butter us up for being part of an Asian Union eventually.

    Interesting!

  18. John Dutchie says:

    Reply to Dan

    Wow.!!!!!.This is great news …..I agree with you Dan, good on the Aussies for having a go at a corrupt and a flawed Justice system ..!!!!

    This will be a very interesting case to keep a very close eye on…..If this particular court case succeeds for ‘J.A.I.L’ …This will open a huge ‘big can of worms’ for the Australia justice department, and here in N.Z too…..

    Kind regards John Dutchie

  19. Hans Laven says:

    Roger of ACT is spam I would say, similar to many other vague posts that would fit in most blogs but say nothing specific to the current blog.

  20. SicKofNZ says:

    ACT = Australian Capital Territory
    I don’t think Roger of ACT is a spambot because his username isn’t hyperlinked to any website.

  21. Hans Laven says:

    Yes, Roger of ACT seems a real cyber person. But this one is spam I bet.

  22. SicKofNZ says:

    gwallan says: New Zealand would lose it’s identity completely.

    If you would agree to rename Australia to the West Island we would agree to rename Fush ‘n Chups to Feesh ‘n Cheps and would also allow a delegation of West Islanders to come over here and rescue all of your possums. Deal?

  23. julie says:

    To Hans,

    Roger of ACT is spam I would say, similar to many other vague posts that would fit in most blogs but say nothing specific to the current blog.

    I don’t mind his kind of spam. 🙂 🙂

  24. Alastair says:

    The Union of Australia and NZ would be highly problematic. Consider the anthropological origens. Australia, convicts, then after wwII imigration from the mediteranian hordes. NZ the country squire out of favour, highly skilled who wanted a better future.

    I do think that first they (Australians) could take a few of their countrymen back with them. – I refer of course to opposums!

  25. gwallan says:

    @SicKofNZ…

    LOL Your on. Call us South Indonesia if you like. It’s only a label after all.

    Could be some positives from a merger. You Kiwis could teach our Taswegians about the proper care and maintenance of one’s sheep thus solving one of their little problems.

  26. Paul says:

    Such constructive comments – not. Why attack Judge Dread? Get off his case and provide the guy with some evidence to the contrary istead of just slagging hm off. And by the way it is nice to see 25 comments in a row without any swearing attached.

  27. mits says:

    I liked the Judge Dread comics back in the day.

  28. noconfidence says:

    That was Judge ‘Dredd’ !!
    And, yes, I used to like the comic strip as a youngster too !

    To quote from wiki page…

    Dredd is a law enforcement officer in a violent city of the future where uniformed Judges combine the powers of police, judge, jury and executioner. Dredd and his fellow Judges are empowered to arrest, sentence and even execute criminals on the spot

    Sounds like New Zealand police each passing day. Not so sur I like reality copying fantasy too much…

  29. amfortas says:

    I think the Wide, Sunburned Country could well merge with the Land of the Long Slightly Gray Cloud. Then we could move the ACT to Rotarua. The stench of Politicians would be disguised.

  30. amfortas says:

    Sir John Walsh of Brannagh does seem to be a colourful fellow. One might look askanse at ‘having to resort’ to such chaps as he might appear to be, but it is telling that he steps up to the plate and his colleagues in the legal fraternity do not.

  31. amfortas says:

    I am sure that Ray Escobar would appreciate some of the encouraging remarks here.

    Please drop a line to him.

    Email: rjescobar1@bigpond.com

    Web Site: http://www.jailtasmania.com

  32. julie says:

    I have time on my hands and thought I would follow up on some complaints. Here’s one just made.

    To WINZ.

    Hi there, I have been looking for entitlements on what single parents can use for assistance when their relationships break-up and came across a benefit called – Woman Alone.

    Gosh, where to start.

    This benefit discriminates against men as there is no benefit called Man Alone and they can’t apply for woman alone.

    In today’s society single women out earn single men and with women being 80% of graduates at university this trend is going to widen the gap further and further between men and women’s earnings. Because of this families are deciding when they have a family, the woman will work, as she earns more and the man will stay at home raising the children.

    In today’s society men need a benefit like Man Alone so this discrimination needs to be sorted.

    I look forward to your reply on how this will be sorted, or whether WINZ intends to discriminate against men and it needs to be taken further.

    Warm Regards,

    You have to complain to the government agency before you take it to the Ombudsman.

  33. Skeptik says:

    Further evidence of systemic misandry in NZ.

  34. julie says:

    Paul.

    Such constructive comments — not. Why attack Judge Dread? Get off his case and provide the guy with some evidence to the contrary istead of just slagging hm off.

    I don’t wish to bring all this up again, but the previous comments from the judge were actual attacks aimed at certain men he named. Since the attacks broke the rules, the comments were monitored and with this one coming through, it was an opportunity to say something.

    Since then, the attacks have stopped because the men who were being attacked left, leaving judge with nothing more to contribute.

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