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The Klan suffers identity problems

By johnboy - 9 November 2012 32

The Canberra Times has the amusing news that the disgraceful bigots of the Concerned Citizens of Canberra have suffered a bit of a legal setback due to not actually existing when they filed their inevitable court appeal to the Gungahlin Mosque.

Master David Harper this morning warned the case was at risk of being thrown out because it was first lodged in the name of a group which didn’t legally exist.

The papers were first filed on August 9 in the name of “Concerned Citizens of Canberra”.

But the group only became formally incorporated – becoming “Concerned Citizens of Canberra Inc” – four days later after lawyers for the ACT government pointed out they didn’t technically exist.

Master Harper said case law seemed to suggest the proceedings should be discontinued.

If they weren’t so vile they’d almost be funny.

What’s Your opinion?


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32 Responses to
The Klan suffers identity problems
HenryBG 1:46 pm 10 Nov 12

Masquara said :

Has the Gungahlin Mosque put out any PR to underline that there will be no extremists preaching there? Given the “behead the infidels” travesty a few weeks ago in Sydney, it would be good to know for sure that our Muslim brethren here in this city are in fact moderates.

A simple press release stating that killing in the name of god is wrong, that the death sentence against Salman Rushdie was wrong, and that the violent demonstrations the other week were wrong.

Perhaps a statement of support for all the good work and sacrifices of our Aussie diggers as they protect Afghanis from the Taliban would be a sign they are an integrated part of this community?
It would go a long way to dispelling the general perception in the community that mosques here are as they are in the UK a breeding-ground for activities antithetical to national security.

Or how about a statement denying that women are like cat meat? That wouldn’t go astray, considering the severe problems the Islamic community has with accepting our values on the matter of equality of the sexes.

Masquara 1:10 pm 10 Nov 12

Has the Gungahlin Mosque put out any PR to underline that there will be no extremists preaching there? Given the “behead the infidels” travesty a few weeks ago in Sydney, it would be good to know for sure that our Muslim brethren here in this city are in fact moderates.

RedDogInCan 12:50 pm 10 Nov 12

fernandof said :

there is (and should be) some flexibility here. I think it has to do with cases with extraordinary circumstances.

fernandof said :

There are procedures and regulations and I’m hoping every case is treated using the exact same rules.

There is a fair amount of flexibility in this as the issue is cover by case law developed by the courts from previous decisions and not by specific legislation passed by parliament. The judge is free to ignore the precedents set by previous judges but would have to have a good reason to do so as it would open up an avenue for appeal.

Woody Mann-Caruso 12:36 pm 10 Nov 12

Still, they managed to bung Pauline Hanson in gaol

Is that anything like a jail?

fernandof 8:57 am 10 Nov 12

fernandof said :

You cannot be biased towards an interested party no matter what’s the cause, nor the judges opinion on that interest.

Actually, I’m retracting this line – there is (and should be) some flexibility here. I think it has to do with cases with extraordinary circumstances. If I understand correctly, it’s about cases that were actively prevented from being processed, or cases that could not be realistically filed due to extremely short time-frames.

I’ll let our judges decide whether this one falls into that category.

fernandof said :

There are procedures and regulations and I’m hoping every case is treated using the exact same rules.

I still stand by this line. Even the decisions to treat a case in a special manner should be considered with the same guidelines for all cases, no matter what’s the cause.

fernandof 8:40 am 10 Nov 12

johnboy said :

fernandof said :

Simply put, there’s nothing preventing this group refiling their case in accordance to the law and then I’m confident the judicial system will proceed on the case.

Except they’ll be outside the time limits.

Yes, and that’s why lawyers were put in this earth. I’m sure next time they won’t do the same mistake again.

Seriously though, if the alternative to this case is to treat these guys specially, then the whole system is pretty much broken. You cannot be biased towards an interested party no matter what’s the cause, nor the judges opinion on that interest. There are procedures and regulations and I’m hoping every case is treated using the exact same rules.

johnboy 8:29 am 10 Nov 12

fernandof said :

Simply put, there’s nothing preventing this group refiling their case in accordance to the law and then I’m confident the judicial system will proceed on the case.

Except they’ll be outside the time limits.

fernandof 8:25 am 10 Nov 12

HenryBG said :

RedDogInCan said :

housebound said :

Whatever the rights and wrong, it’s easy to argue – did they not just point out they were an unincorporated association that then became incorporated?

As far as the law is concerned there is no such thing as an unincorporated association – they are either an incorporated association or just a group of individuals..

I’d say this story is proof there is indeed such a thing as an unincorporated association.

Still, they managed to bung Pauline Hanson in gaol on entirely spurious charges, the courts will do almost anything that suits their political allegiances.

Imagine thinking they had the freedom in this country to criticise other people? Outrageous! Let’s use the machinery of justice and government to bully them into accepting what we tell them to believe.

Here’s another way to ensure equality: how about let the judicial system be unbiased treating all cases the same by enforcing all parties in all cases to follow the exact same procedures.

Simply put, there’s nothing preventing this group refiling their case in accordance to the law and then I’m confident the judicial system will proceed on the case.

KB1971 7:13 am 10 Nov 12

HenryBG said :

RedDogInCan said :

housebound said :

Whatever the rights and wrong, it’s easy to argue – did they not just point out they were an unincorporated association that then became incorporated?

As far as the law is concerned there is no such thing as an unincorporated association – they are either an incorporated association or just a group of individuals..

I’d say this story is proof there is indeed such a thing as an unincorporated association.

Still, they managed to bung Pauline Hanson in gaol on entirely spurious charges, the courts will do almost anything that suits their political allegiances.

Imagine thinking they had the freedom in this country to criticise other people? Outrageous! Let’s use the machinery of justice and government to bully them into accepting what we tell them to believe.

*places tinfoil hat on*

what_the 12:49 am 10 Nov 12

HenryBG said :

RedDogInCan said :

housebound said :

Whatever the rights and wrong, it’s easy to argue – did they not just point out they were an unincorporated association that then became incorporated?

As far as the law is concerned there is no such thing as an unincorporated association – they are either an incorporated association or just a group of individuals..

I’d say this story is proof there is indeed such a thing as an unincorporated association.

Still, they managed to bung Pauline Hanson in gaol on entirely spurious charges, the courts will do almost anything that suits their political allegiances.

Imagine thinking they had the freedom in this country to criticise other people? Outrageous! Let’s use the machinery of justice and government to bully them into accepting what we tell them to believe.

Well dammit they took our jerbs!

HenryBG 9:40 pm 09 Nov 12

RedDogInCan said :

housebound said :

Whatever the rights and wrong, it’s easy to argue – did they not just point out they were an unincorporated association that then became incorporated?

As far as the law is concerned there is no such thing as an unincorporated association – they are either an incorporated association or just a group of individuals..

I’d say this story is proof there is indeed such a thing as an unincorporated association.

Still, they managed to bung Pauline Hanson in gaol on entirely spurious charges, the courts will do almost anything that suits their political allegiances.

Imagine thinking they had the freedom in this country to criticise other people? Outrageous! Let’s use the machinery of justice and government to bully them into accepting what we tell them to believe.

RedDogInCan 9:18 pm 09 Nov 12

housebound said :

Whatever the rights and wrong, it’s easy to argue – did they not just point out they were an unincorporated association that then became incorporated?

As far as the law is concerned there is no such thing as an unincorporated association – they are either an incorporated association or just a group of individuals..

Comic_and_Gamer_Nerd 7:11 pm 09 Nov 12

lol

housebound 6:00 pm 09 Nov 12

Whatever the rights and wrong, it’s easy to argue – did they not just point out they were an unincorporated association that then became incorporated?

greyswandir 4:32 pm 09 Nov 12

Bahaha, out/stand/ing.

Fingers crossed Master Harper tosses that one out on its ear and orders costs

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