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18 c lies and more lies. (Read 20387 times)
Aussie
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Re: 18 c lies and more lies.
Reply #30 - Dec 11th, 2016 at 7:31pm
 
Gnads wrote on Dec 11th, 2016 at 7:28pm:
Here's why 18C should get the heave ho

another case of vexatious complaint that was in affect

a lie. Perceived insult/racial discrimination.

I hope she does go bankrupt.

http://www.theaustralian.com.au/news/nation/qut-case-cindy-prior-must-pay-studen...



Paywall.

Anyway, I know the case, and it is not 'another' one.  It is the same one which has already been discussed here a month or so ago.
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Gnads
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Re: 18 c lies and more lies.
Reply #31 - Dec 11th, 2016 at 7:45pm
 
Aussie wrote on Dec 11th, 2016 at 7:31pm:
Gnads wrote on Dec 11th, 2016 at 7:28pm:
Here's why 18C should get the heave ho

another case of vexatious complaint that was in affect

a lie. Perceived insult/racial discrimination.

I hope she does go bankrupt.

http://www.theaustralian.com.au/news/nation/qut-case-cindy-prior-must-pay-studen...



Paywall.

Anyway, I know the case, and it is not 'another' one.  It is the same one which has already been discussed here a month or so ago.



Aussie who gives a flying ferck

I didn't see nor was I part of that discussion.

Blank off.
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Politicians are like nappies; they need to be changed often and for the same reason.
The most difficult choice a politician must ever make is whether to be a hypocrite or a liar.
 
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Mustapha_Khunt
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Re: 18 c lies and more lies.
Reply #32 - Dec 11th, 2016 at 7:46pm
 
John Smith wrote on Dec 11th, 2016 at 7:10pm:
freediver wrote on Dec 11th, 2016 at 6:51pm:
Are you suggesting Toben's jailing had nothing to do with 18c?



it had to do with being in contempt of court.

Why don't you petition to have contempt of court laws changed or revoked?


Are they tinted?
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The Grappler
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Re: 18 c lies and more lies.
Reply #33 - Dec 12th, 2016 at 6:23am
 
Gnads wrote on Dec 11th, 2016 at 7:28pm:
Here's why 18C should get the heave ho

another case of vexatious complaint that was in affect

a lie. Perceived insult/racial discrimination.

I hope she does go bankrupt.

http://www.theaustralian.com.au/news/nation/qut-case-cindy-prior-must-pay-studen...




It's time this kind of Vexatious Litigation was brought under proper control - is this a sign of a very faint light at the end of the forty years of wandering in the wilderness in the West?

I, for one, am sick and tired of always being labeled 'the aggressor' or 'the racist' or everything else, simply because I'm a White Man..... and watching countless billions poured into government agencies set up or ordered to deliberately focus ONLY on the Rights ™ of specified 'Accredited Victim Status' groups while waging a campaign of terror on the rest, up to and including false imprisonment on the basis of someone's 'feelings'.

How The West Was Lost....

...


... needs to include a close and introspective look at our social decline over the same time span.....
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
― John Adams
 
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Gordon
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Re: 18 c lies and more lies.
Reply #34 - Dec 12th, 2016 at 7:16am
 
Gnads wrote on Dec 11th, 2016 at 7:28pm:
Here's why 18C should get the heave ho

another case of vexatious complaint that was in affect

a lie. Perceived insult/racial discrimination.

I hope she does go bankrupt.

http://www.theaustralian.com.au/news/nation/qut-case-cindy-prior-must-pay-studen...




Section 18C complainant Cindy Prior faces being pursued into bankruptcy after a judge ordered she pay an estimated $200,000 in legal costs for three QUT students who were accused of racial hatred over Facebook posts.

Ms Prior, on stress leave since late May 2013 from the Queensland University of Technology’s indigenous-only Oodgeroo Unit, was in talks with her solicitor, Susan Moriarty, after judge ­Michael Jarrett made his finding in the Federal Circuit Court in Brisbane late yesterday.

Judge Jarrett rejected arguments by Ms Prior’s barrister, Susan Anderson, including that the ill-fated and controversial legal action to win $250,000 compensation from the students should be treated differently because it was brought in the public interest.

The judge, who last month dismissed Ms Prior’s section 18C ­Racial Discrimination Act case against the students as having “no reasonable prospects of success”, made a distinction between public interest litigation and the personal financial benefit she sought as compensation.

Tony Morris QC, the barrister who had promised two of the students, Calum Thwaites and Alex Wood, that he would charge no fees or disbursements unless costs could be recovered from the other side, told The Weekend Australian that all the legal costs would be calculated and delivered in a bill to Ms Prior’s legal team.

“If Ms Prior cannot pay the costs, she will be bankrupted — and if she recovers any money from QUT, the trustee in bankruptcy will be asked to make a claim on those funds to pay her legal costs,’’ he said.

Ms Prior is continuing an ­action for $250,000 damages against QUT over the way it ­handled the Facebook saga.

Costs were awarded on an indemnity basis, meaning the sum will be significantly higher in relation to Mr Wood because he had offered to settle the case in March with an apology but no payment.

Judge Jarrett said: “Costs should follow the event. This is not a ‘no costs’ jurisdiction. The proceedings were commenced in this court by Ms Prior. It was her decision.”

While Ms Prior faces financial ruin unless she can raise the money, her solicitor was spared the rare ignominy of being ­ordered to pay costs personally.

Judge Jarrett said as the case was not completely “hopeless”, he rejected a bid by Mr Wood’s ­barrister, Michael Henry, to have costs awarded against Ms Moriarty.

Mr Wood will have to find an estimated $15,000 to pay for the failed bid.

During legal argument yesterday, Mr Morris said his client Mr Thwaites had “done nothing wrong whatsoever” and had not written anything offensive on Facebook, while Jackson Powell had merely made a “poor attempt at humour” with his post: “I wonder where the white supremacist lab is.”

Mr Morris told Judge Jarrett that in the build-up of the case, which was with the Human Rights Commission for 14 months, the students were “held to ransom to get $5000 (from each) for a fighting fund”.

Mr Powell’s Facebook post came after Mr Wood wrote: “Just got kicked out of the unsigned ­indigenous computer room. QUT stopping segregation with segregation?”

Mr Wood wrote it shortly after he was ejected from the Oodgeroo Unit by Ms Prior after she had asked him whether he was indigenous. Judge Jarrett found that Mr Wood’s words “were rallying against racial discrimination” and not a breach of section 18C, which makes it unlawful to cause offence or humiliation on the basis of race.

Judge Jarrett also rejected Ms Prior’s attempt to press ahead with a subpoena to Facebook to try to discover the identity of someone who wrote a post with the word “black people”. He has previously found that Mr Thwaites, who attended court yesterday, had not posted the term.

Ms Prior’s lawyers raised several arguments to try to avoid a costs order, citing the public interest in section 18C, but Mr Wood’s barrister, Anthony Collins, said the racial vilification allegations she levelled were “of the highest level of seriousness”, lacked merit and involved an unreasonable pursuit. He told the court: “In a clinical and objective way, they could never have succeeded. There was an absence of scrutiny by Ms ­Moriarty.”

Ms Moriarty’s barrister, Damien O’Brien QC, said it was a serious and wrong claim that Ms Moriarty had “thought up, crafted and brought the case” for an ­ulterior purpose, and she should be given the benefit of doubt.
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IBI
 
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Re: 18 c lies and more lies.
Reply #35 - Dec 12th, 2016 at 9:13am
 
3 years stress leave. She sounds like a professional scammer.
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IBI
 
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Re: 18 c lies and more lies.
Reply #36 - Dec 17th, 2016 at 3:06pm
 
Lawyers for Cindy Prior want a judge to find it is illegal under section 18C to “say or do anything” which calls into question the ­appropriateness of special measures which advantage an ethnic or ­racial minority, the Federal Court heard yesterday.

The legal argument is at the heart of an attempted appeal by Ms Prior after the indigenous former Queensland University of Technology administrative assistant’s racial hatred case against students over Facebook posts was thrown out, with more than $200,000 in costs awarded against her.

Judge John Dowsett asked Ms Prior’s barrister Greg McIntyre SC: “Does that mean then that people can’t refer in any adverse way to any form of discrimination?”

Mr McIntyre replied in the ­affirmative,
saying it could be unlawful under section 18C of the Racial Discrimination Act if such comments caused humiliation or intimidation to reasonable members of a group such as indigenous students of QUT. “I can’t see that opposing segregation is saying something about race,’’ Justice Dowsett said. “It’s about human attitudes, isn’t it?”

Tony Morris QC, the lawyer for students Jackson Powell and Calum Thwaites, described the arguments of Ms Prior’s legal team as wrong “in all of their ­glorious absurdity and monstrosity”.



...



Ms Prior had argued she was unable to continue working face-to-face with white people following a series of Facebook posts made after Mr Wood was asked to leave an indigenous-only computer lab at the QUT in 2013.

Cindy Prior with a white person.
http://www.dailytelegraph.com.au/blogs/tim-blair/cindy-binned/news-story/9286eda...
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« Last Edit: Dec 17th, 2016 at 3:13pm by Frank »  
 
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Frank
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Re: 18 c lies and more lies.
Reply #37 - Dec 17th, 2016 at 3:19pm
 
Imagine if a white person said he can't work face to face with Aborigines or Indians or Africans and demanded compensation for being forced to work with them.

Imagine.

But it's OK for an Aboriginal person to say, in support of her claim for compensation, that she cannot work with white people.
And now her appeals lawyer says that people should not be able to criticise any discrimination.

"Mr Morris [the students' QC] said if Ms Prior’s ­arguments were correct, “nobody in Australia from the prime minister down to the humblest man in the street is entitled even to ask the question whether a ‘special measure’ is justified or not”.

What is put against Mr Wood and Mr Powell is that they breached federal law because they rallied against discrimin­ation; because they say discrim­ination is bad, they are liable to a claim of a quarter of a million dollars to Ms Prior. It’s a nonsense,’’ Mr Morris said. “It’s plain that this is not what the legislation was ever intended to do. There have been enough resources wasted on this ­litigation.”

Mr Morris argued that if Australians could not “rally against discrimination’ without risking a breach of section 18C, it logically followed that there could not be criticism of a whites-only computer lab for discriminating against other races and ethnic minorities."
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Re: 18 c lies and more lies.
Reply #38 - Dec 17th, 2016 at 3:20pm
 
Shocked
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Mustapha_Khunt
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Re: 18 c lies and more lies.
Reply #39 - Dec 17th, 2016 at 3:55pm
 
Frank wrote on Dec 17th, 2016 at 3:19pm:
Imagine if a white person said he can't work face to face with Aborigines or Indians or Africans and demanded compensation for being forced to work with them.

Imagine.

But it's OK for an Aboriginal person to say, in support of her claim for compensation, that she cannot work with white people.
And now her appeals lawyer says that people should not be able to criticise any discrimination.


Of course it's not okay, it's ludicrous.

She lost her case, by the way.
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Re: 18 c lies and more lies.
Reply #40 - Dec 17th, 2016 at 3:58pm
 
Mustapha_Khunt wrote on Dec 17th, 2016 at 3:55pm:
Frank wrote on Dec 17th, 2016 at 3:19pm:
Imagine if a white person said he can't work face to face with Aborigines or Indians or Africans and demanded compensation for being forced to work with them.

Imagine.

But it's OK for an Aboriginal person to say, in support of her claim for compensation, that she cannot work with white people.
And now her appeals lawyer says that people should not be able to criticise any discrimination.


Of course it's not okay, it's ludicrous.

She lost her case, by the way.


I reckon Frank had no idea about that outcome.  Hence my  Shocked
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Re: 18 c lies and more lies.
Reply #41 - Dec 17th, 2016 at 3:59pm
 
Why did Gillian Trigg's push this load of crap case so far?
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Mustapha_Khunt
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Re: 18 c lies and more lies.
Reply #42 - Dec 17th, 2016 at 4:01pm
 
Mr Hammer wrote on Dec 17th, 2016 at 3:59pm:
Why did Gillian Trigg's push this load of crap case so far?


Gillian Triggs had nothing to do with the case, dear.
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Re: 18 c lies and more lies.
Reply #43 - Dec 17th, 2016 at 4:10pm
 

HUMAN Rights Commissioner Gillian Triggs should resign for allowing an untenable racial discrimination case against three Queensland university students to get as far as the Federal Court, a QC says.

Queensland University of Technology students Alex Wood, Calum Thwaites and Jackson Powell were being sued by Cindy Prior, an indigenous administration officer, under the Racial Discrimination Act’s controversial section 18C. The $250,000 lawsuit was thrown out by Brisbane’s Federal Court Judge Michael Jarrett on Friday after he found Ms Prior did not have reasonable prospects of successfully bringing a case against the trio.

Outside court, Mr Thwaites’ lawyer, Tony Morris QC, slammed Professor Triggs for allowing the case to get so far.

Mr Morris said Prof Triggs sat on the case against the students for 14 months before they were told a complaint had been made against them, and no inquiries were made.

He said the commissioner should have told Ms Prior there was no substance to her claim and dismissed the complaint.

“Triggs takes $400,000 a year out of the pockets of the taxpayers of this country for a job she doesn’t bother to do,” Mr Morris said. “If the woman had any decency whatsoever, her resignation would be on the attorney-general’s desk on Monday.” Mr Thwaites said he was extremely relieved at the outcome and happy to be able to get on with his life.

Ms Prior was not in court for the judgment and is said to be facing a six-figure bill if the students recoup their legal costs from her.

She had argued she was unable to continue working face-to-face with white people following a series of Facebook posts made after Mr Wood was asked to leave an indigenous-only computer lab at the QUT in 2013.

“Just got kicked out of the unsigned indigenous computer room. QUT stopping segregation with segregation,” he wrote.




–– ADVERTISEMENT ––iThe post attracted a number of responses, including one from Mr Powell who wrote: “I wonder where the white supremacist computer lab is.” Mr Thwaites is alleged to have written “ITT (N-word)” but has denied being responsible for the post.

Several other students have settled with Ms Prior out of court, reportedly for $5000 each, while QUT is still subject to a lawsuit.

The university released a statement late on Friday saying it was pleased the matter had been resolved “as far as the three students are concerned and regrets that the issue has taken so long to come to a conclusion for them”. The case has been a rallying point for opponents of 18C, which makes it unlawful to offend, insult, humiliate or intimidate another person or a group of people. On Friday, Victorian Liberal senator James Paterson joined the growing number of voices calling a parliamentary inquiry into changing the law. Mr Paterson said while he was relieved the judge had found the students had no case to answer, they should never have endured such an appalling legal process. “This judgment doesn’t give them back that time, or their reputations, or the stress of having to endure these false allegations and defend themselves,” Mr Paterson said.

Institute of Public Affairs executive director John Roskam said the Turnbull government could no longer stick its head in the sand on section 18C. “The proof that the human rights regime is damaged beyond repair is now plain for all to see,” Mr Roskam said.
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Re: 18 c lies and more lies.
Reply #44 - Dec 17th, 2016 at 4:47pm
 
18c should remove the words "offend" and "insult", but the reality is it doesn't preclude bigoted speech that isn't based on complete fabrications (as was the case with Bolt). Bill Leak wasn't gagged for his cartoons, despite the fact that we know they "offended" lots of Aboriginal people. I suspect you can pretty much say whatever racist vile rubbish you like as long as its not directly threatening someone. The sole exception to this of course is holocaust denial - which our own first law officer has stated is de-facto a case of racial vilification. And I'm certain removing the words "offend" and "insult" won't change this. But removing racial vilification laws entirely just to stop the gagging of holocaust denial is not the solution. In this case common sense should prevail and a legitimate historical debate about holocaust denial should not be considered racial vilification.
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A resident Islam critic who claims to represent western values said:
Quote:
Outlawing the enemy's uniform - hijab, islamic beard - is not depriving one's own people of their freedoms.
 
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