Sunday 29 May 2011

When are Australian lawyers going to advise clients that the Streisand Effect may render threats of legal action ineffective?


Unfortunately for the sender the following legal letter appeared to have no effect, as versions of the offending content were reposted on at least six other sites and display there to date. Perhaps Mr. T Snr should have a word with his son concerning Internet reality, as even Google Inc is obviously not taking him seriously.

From the files of Chilling Effects:

NoticeID=50864: Defamation re 434u scam social networking site

November 24, 2010

Sender Information:
redacted
Sent by: redacted
[Private]
redacted
redacted
redacted NSW, redacted Australia

Recipient Information:
http://www.livejournal.com/
http://www.livejournal.com/
redacted
redacted
redacted

Sent via: Via email
Re: Cease and Desist

I act for [Client Name Redacted] and 434u Corporation (Australia) Pty Ltd. Our client has instructed us that you have extensively published false, misleading, malicious and defamatory material across the internet at http://community.livejournal.com/434u. In addition to being highly defamatory, the publication of the Offending Material constitutes the tort of Injurious Falsehood and is being undertaken with the sole intention of causing loss and damage to my clients. As you are well aware, the statements and publications contained in the Offending Material are utterly without basis in fact.

The publication of the Offending Material has already caused loss and damage to my client and related entities, and will continue to do so unless the offending material is immediately removed and deleted from all locations in which it is published and displayed. We are in the process of contacting all sources we are able to identify and strongly suggest that you take immediate and decisive action yourself to remove all instances of the Offending Material.
We require that you immediately undertake to remove all of the Offending Material and that you confirm by direct response when you have done so.

My client is taking this matter extremely seriously and will take all necessary steps to hold you accountable for the loss and damage that your conduct has caused and will continue to cause whilst the Offending Material is being published and displayed. We reserve our clients rights against you in all respects and will instruct lawyers in to pursue you directly should we not receive a satisfactory response to this demand.

Regards,

[redacted]
Attorney

Posted at E46Fanatics forum on 3 August 2010:

from Lawrence Connor
to Karl Scott ,
Lawrence Connor
date Mon, Mar 8, 2010 at 11:06 PM
subject Re: 434u.com
mailed-by gmail.com
hide details 11:06 PM (27 minutes ago)

Dear Mr. Karl Scott,

Take whatever actions as you see fit. I am not changing what I have published.
Mr. Tidy has made his choices, and your assertion that what I have expressed is false is mere empty gesturing and posturing. it will be upon you to prove anything in a court.
Your next communication to me is either to tell me what next step you take, or I hear no further from you.
I have received your missive, and you also now have received my reply. Take it for action as you will.
I stand by my right to publish. Nothing other results from your having contacted me at this time.

Regards,

Lawrence A. Connor
- Show quoted text -

Lawrence Albert Connor

EDO NSW: Coal Seam Gas Seminar at Murwillumbah on 9 June 2011

 
FREE Environmental Defender’s Office (EDO) seminar on Coal seam gas

Three companies are currently exploring for coal seam gas (CSG) and conventional gas in the Clarence Moreton Basin , which covers much of the Northern Rivers. Metgasco Limited already has approval for a gas-fired power station near Casino and is currently seeking planning approval for a gas pipeline from Casino over the Border Ranges to Ipswich . There is already one Petroleum Exploration Licence over part of the Tweed Valley , and Macquarie Energy is currently seeking another.

Various environmental and legal concerns have been raised about CSG by affected communities. The EDO is holding a public seminar to provide information about what is happening in NSW and the region generally and the Tweed Valley in particular; discuss some of the potential environmental impacts; explain the approval processes; and inform the community about their legal rights.

Where : CWA Hall, 20 Queen St, Murwillumbah
When : Thursday 9 June 2011, 6-8 pm

No need to book.

Information:

ENVIRONMENTAL DEFENDER’S OFFICE NORTHERN RIVERS
1/71 Molesworth St NSW 2480
PO Box 212, Lismore NSW 2480
Telephone: 1300 369 791
Fax: (02) 6621 3355

Australia is an international wonder, but...............


“That Australia is successful is not in doubt. It has a prospering economy, a harmonious and egalitarian society, an ability to accommodate immigrants, an excellent civil service, an independent central bank, a good balance of personal freedom and limited government, sensible pension arrangements, sporting prowess and a fine cuisine. There is no underclass, no permanently depressed area, no significant group of citizens who challenge the values of its society. Its cities do have pockets of despair, but neither slums nor ghettos. It is a flourishing democracy, one of the oldest in the world, with a long history of pioneering reform: when America got round to introducing the secret vote in 1872 it was known as the Australian ballot, because the Aussies had had it since the 1850s.”;

But……..see rest of The Economist article here.

Saturday 28 May 2011

O'Farrell Government dons its jackboots and strides forth


The O’Farrell Government seems intent on striding across the News South Wales landscape with the destructive intent of a blitzkrieg aktion and this time its blind rage against the notion of a fair go and an egalitarian society is directed at around 400,000 public sector workers.

This NSW government intends to reserve the sole right to itself of setting wages and conditions in this sector:

Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 [Member with Carriage: Pearce, Gregory Notice of Motion: Tue 24 May 2011 Introduced: Tue 24 May 2011 First Reading: Tue 24 May 2011 Ministers 2R Speech: Tue 24 May 2011]

146C Commission to give effect to certain aspects of government policy on public sector employment

(1) The Commission must, when making or varying any award or order, give effect to any policy on conditions of employment of public sector employees:

(a) that is declared by the regulations to be an aspect of government policy that is required to be given effect to by the Commission, and

(b) that applies to the matter to which the award or order relates.

(2) Any such regulation may declare a policy by setting out the policy in the regulation or by adopting a policy set out in a relevant document referred to in the regulation.

(3) An award or order of the Commission does not have effect to the extent that it is inconsistent with the obligation of the Commission under this section.

(4) This section extends to appeals or references to the Full Bench of the Commission.

(5) This section does not apply to the Commission in Court Session.

(6) This section extends to proceedings that are pending in the Commission on the commencement of this section. A regulation made under this section extends to proceedings that are pending in the Commission on the commencement of the regulation, unless the regulation otherwise provides.

(7) This section has effect despite section 10 or 146 or any other provision of this or any other Act.

Have passport will travel? Habib should note what the Australian Government did to another citizen it found uncomfortable


NOW

Habib cleared, gets passport back {The Sydney Morning Herald 27th May 2011}

“Former Guantanamo Bay detainee Mamdouh Habib has been cleared of being a national security threat and has had his Australian passport returned.

The Sun-Herald can reveal the Australian government has agreed he is not a terrorism suspect and delivered his passport by courier to his western Sydney home.

After years of fighting to clear his name, the father of four said he "cried" when he received the document yesterday.”

THEN

Holt Acts To Block Passports {The Sydney Morning Herald 15th November 1950}

The Minister for Immigration, Mr. H. E. Holt, has cancelled provisions in the passports belonging to Mrs. Jessie Street and Dr. Thomas Kaiser which would have allowed them to travel to Poland to attend the "World Peace Congress."....

"However, the Minister has discretionary power to cancel the passport, and further disciplinary action can be taken by the Government by withholding travel facilities if not already arranged,"

Secret cablegram, Immigration to High Commission, 16 November 1950
Threatening Australian citizens travelling overseas with passport cancellation
From National Archives of Australia

Anyone old enough to remember "Red Jessie" will know that an Australian passport is only as good as the government holding office allows it to be.

As good an explanation as any.........


…..for the state of political discourse in Australia this century.

Insanity in individuals is something rare - but in groups, parties, nations and epochs, it is the rule. Friedrich Nietzsche German philosopher (1844 - 1900)

Friday 27 May 2011

Abbott the Unbelievable


Federal Nats MP for Cowper on the NSW North Coast and Deputy Manager of Opposition Business Luke Hartsuyker may have joined Malcolm Turnbull, Ian Macfarlane, Alby Schultz and John Forrest in a very public pollie sin bin for missing votes in the Parliament - in an email signed by Hon. Warren Entsch, Chief Opposition Whip, Patrick Secker, Nola Marino, Mark Coulton and Paul Neville and seemingly approved of by Tony Abbott.
But it's Opposition Leader Abbott the Unbelievable who comes out with egg on his face for repeatedly saying during radio interviews that the sin bin email which he approved "was not about any particular individual, it was about the principle that every one of the Coalition MPs has got to be there for every division."
At the same time studiously avoiding answering a direct question about his prior approval of this unusual email.

Parts of that email directly read into the Hansard record on 26th May 2011 by Labor's Anthony Albanese.
Last night we lost a division because the following five Coalition Members failed to support their colleagues:
Malcolm Turnbull (5 missed divisions)—margin 14.86%....
This behaviour is totally unacceptable and shows great disrespect to their colleagues and the Coalition as a whole.
As a result of the absence of these Members, the following Members missed an opportunity to raise issues important to their electorates....
It is an interesting point to note that all the Members who missed the division occupy safe seats, while, of the Members prevented from speaking in the adjournment debate three are first term Members and all occupy marginal or key seats.....
Members are elected to Parliament to represent their constituents. That includes being present when the Parliament divides on a question.

The Australian and Sheridan create a ranting LOL


This is what The Australian says in About Greg Sheridan……….

Greg Sheridan, The Australian's foreign editor, is the most influential foreign affairs analyst in Australian journalism.
After 25 years in the field, he is a veteran of international affairs who has interviewed leaders all over the Asia Pacific and America.

This is what Greg Sheridan writes in Fraser's unreliable memoirs rewrite history on 26 May 2011…….

Snapshot taken 26 May 2011

But even Henderson's splendid industry omits many of Fraser's howlers. Fraser claims the neo-conservatives wielded great influence in the Bush administration of the 90s. But George W. Bush was not even elected until November 2000.

Now 25 years in the field takes Sheridan the journalist back to around 1986. Surely that’s long enough for him to have formed a memory of the Forty-First U.S. President George H. W. Bush (term of office January 1989 - January 1993) who in 1991 sent 425,000 American troops into Kuwait as part of the multinational force taking part in Desert Storm, which resulted in the rout of Saddam Hussein’s military forces and their retreat back into Iraq.
Sheridan post-rant might even recall the that neo-conservatives existed prior to November 2000.

Karl 'The Terminator' Bitar finds another target



Not content with scuttling the future electoral chances of Federal and NSW Labor, Karl Bitar goes on to chance his hand with Crown Casino. Let the good bad ugly times roll!


ASX / MEDIA RELEASE
FOR IMMEDIATE RELEASE
24 May 2011
CROWN APPOINTS MR KARL BITAR TO HEAD UP GOVERNMENT AFFAIRS
MELBOURNE:

Crown Limited (ASX: CWN) today announced that Mr Karl Bitar has been appointed to head up Government Affairs at Crown Limited, subject to usual probity approvals.

Mr Bitar will be responsible for managing Crown’s relationship with the Federal Government across a broad range of issues including tourism, infrastructure development and responsible gaming.
The Chief Executive Officer of Crown Limited, Mr Rowen Craigie said, “All of us at Crown are looking forward to working with Mr Bitar.”

www.crownlimited.com