I have met and heard the tragic stories of many parents. PA is a function, by and large, of a custodial ex-partner, although some alienation can start while the couple is still together.

This blog is a story of experiences and observations of dysfunctional Family Law (FLAW), an arena pitting parent against parent, with children as the prize. Due to the gender bias in Family Law, that I have observed, this Blog has evolved from a focus solely on PA to one of the broader Family/Children's Rights area and the impact of Feminist mythology on Canadian Jurisprudence and the Divorce Industry.

Sunday, March 14, 2010

In Australia ~ Violence law faces challenge

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.

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

3 comments:

fixchildrensaid said...

We should see what buzz can be generated with this issue, Mike, insofar as what we can do in Canada about the zero tolerance DV policy.

I filed a complaint with the Ontario Human Rights Tribunal, against London Police Chief, Murray Faulkner, for some prejudicial comments and due to his policies themselves. However, I have come to learn that I might also be served by joining up with others who have been falsely arrested, etc, due to the Domestic Violence policy, wherein we could file a complaint with the Human Rights Commission, citing that the problem is one of "systemic bias."

I have not had a chance to speak to a lawyer about this yet.

Michael J. Murphy said...

We do need to take more initiative with the discrimination. My first HRC complaint will deal with the unbalanced and sexist DV paradigm in Ontario once I get the house sold and get an apartment. I haven't heard back from the Ontario Minister for Women's issues to see if she is staying with the single gender approach as was declared by Matthews before she went to Health but I can easily guess.

Well done with the Roger Galloway presentation. That's a lot of bad press for Jaffe in the LFP. That may be the most between the blog and column I've seen. He is Canada's #1 enemy of men and children.

fixchildrensaid said...

I do think we need to file a complaint with the Commission based on systemic bias, which seems as though it would be so easy to prove, even if we all still maintain our HRTO complaints in place.