treedomfighters

Wednesday, 9 November 2005
'GUNNS20' TO PROCEED WITH STRIKE-OUT APPLICATION

Legal teams for defendants in the matter of Gunns & Ors v Marr & Ors (the 'Gunns 20') have notified the Victorian Supreme Court of their intention to proceed with strike-out applications on the third version of the statement of claim.

This follows the successful strike-out of both the first and second versions in their entirety earlier this year.

Julian Burnside Q.C. (defense counsel) has commented that the third claim is, "…like a Rubik's cube that's been twisted around a few times; all the same bits are there, they're just in a different place."

Version Three claims nearly half a million dollars more in damages, taking the total claim from about $6.4 million to nearly $6.9 million.

Today is the deadline for legal teams for the defence to provide notice of their intention to proceed with a strike-out application on version three.

The decision to proceed with strike-out applications follows the provision of over 700 pages of further and better particulars on the statement of claim received from EMA Legal (lawyers for the plaintiffs).

Defendants will now await a date to be set by the court at which their strike-out applications on version three will be heard.

For further media comment:

Adam Burling 0429 966 171
(7th defendant)

Virginia Young 0417 223 280
(spokesperson for the 6th defendant, The Wilderness Society)

Tuesday 27th September 2005
ERODING DISSENT

ACT Greens MLA Deb Foskey will be speaking at an important public forum tomorrow night on the threat of corporations using the law to close down open society.

The forum is entitled "FORESTS AND FREE SPEECH the Gunns 20 story & how to respond to strategic litigation against public participation." It will be at 7:00 pm (Sept 28) at the Academy of Science Shine Dome, Gordon St, West Civic.

The forum is part of a national awareness raising tour in response to the ongoing legal action being taken by wood chip exporters Gunns Ltd against environmental activists opposed to Gunns Forestry practices in Tasmania.

"This is an issue for everyone with an interest in civil society. Effective democracy has to allow public action and debate to influence the decisions of business and government, but many businesses and agencies don't want that to happen" Dr Foskey said.

"We cannot allow the rich and powerful to use the threat of legal action to shut down legitimate opposition, as Gunns is attempting to do here. People who are actively involved in the peace movement, in campaigning for civil rights, or organising against unwanted development, as well as those fighting to protect our environment, are justifiably alarmed at what is happening in Australia."

"Strategic Litigation Against Public Participation" [SLAPP] cases are being pursued around the world, and the Gunns case is the example with the highest profile in Australia. I have introduced a Bill to the ACT Legislative Assembly that is designed to protect public participation by defining the intimidatory use of legal action as improper, and ruling it out for that reason" Dr Foskey said.

The other speakers will be Leanne Minshull (former Wilderness Society employee and a Gunns 20 defendant), Paul Collins (broadcaster and former Catholic Priest) and Bill Lines (environmental historian and author). The discussion will be moderated by Dr James Prest, solicitor for the ACT Environmental Defender's Office.

Tuesday 21st September 2005
NEW LAWS TO PROTECT FREE SPEECH URGENTLY NEEDED

New laws to guarantee free speech and public participation are urgently needed to protect the community from the intimidating effects of lawsuits that can lead to silencing public debate, campaigners visiting Sydney as part of national tour today said.

Community advocates meeting at NSW Parliament today, including the Council for Civil Liberties, the Asbestos Diseases Foundation and defendants in a $6.8 million dollar civil lawsuit by Gunns Ltd, Australia's largest export woodchip company, called for legislation to protect free speech and public participation.

"Community campaigns in Sydney and across NSW, such as the ones to prevent a charcoal plant at Mogo on the south coast and lifting the lid on the terrible impact of asbestos, would no longer be possible if the legal action Gunns Limited is taking now is successful," tour co-ordinator and Gunns defendant Louise Morris said.

Standing up for free speech and the rising national awareness of Tasmania's forests are the focus of the Forest and Free Speech National Tour, which will also involve a public meeting tomorrow night at the University of Technology Broadway, starting at 6pm.

Ms Morris said that over the past 12 months they have been able to save over 180,000 hectares of Tasmania's old growth forests from woodchipping, such as the Tarkine rainforest wilderness and parts of the Styx Valley of the Giants.

"The last election has shown that even the most conservative of governments, a Howard Federal Government and a Lennon State Government, have had to bow to public opinion and protect parts of Tasmania's forest.

"Gunns Limited is suing 20 defendants, claiming damages for media statements, disruption to its logging operation and what they claim is unlawful lobbying of shareholders, customers and governments. This is a landmark case, which may forever change the face of free speech in Australia.

"This speaking tour is a call to action for all Australians to show their support for Tasmania's old growth forests and those who have tried to defend them to preserve these world class forests for future generations, and to gain support for laws which protect our right to speak out in the future," Ms Morris said.

For more information, please call: Paul Sheridan, 0410 516 656

Tuesday 6th September 2005
NATIONAL FREE SPEECH TOUR ROLLS INTO NEWCASTLE

Tasmanian forests campaigners, including defendants in the historic Gunns 20 legal action, will visit Newcastle next Thursday, 15 September, as part of a national tour to highlight the importance of free speech and the impact the case could have on community activism.

Free speech in Newcastle and across Australia and the community's right to protest risks being seriously curtailed if legal action in relation to Tasmania's old growth forests is successful. Gunns Limited has taken legal action against 20 campaigners and its $6.8 million civil lawsuit is currently being considered in the courts.

The tour is also a celebration of how successful the forest campaigners have been in raising the awareness of all Australians about the importance of Tasmania's old growth forests.

The evening of the 15th will also feature short films, comedy, prizes, dance and musical performances, food and drinks. The evening will begin at 6.30pm at Honeysuckle Warehouses Civic (ticket information below).

Spokesperson for the Gunns 20 Fundraising Team, Claire Dunn explained "This is the first time in Australia that a large corporation is attempting to sue activists for engaging in a public campaign. It could set a dangerous precedent that would inhibit free speech."

Local Gunns 20 defendant Ben Morrow said "Now is an important time for the community to stand behind those who have been so successful in protecting our forests through peaceful protest. This case affects anyone who reserves the right to lobby against what they see as unjust, a right so essential to Australian society."

Forests and Free Speech Tour organiser and Gunns 20 defendant Louise Morris said "A number of the key people and organisations who helped saved these forests have been served with a $6.8 million civil law suit by Gunns Ltd, Australia's largest export woodchip company.

"This speaking tour is a call to action for all Australians to show their support for Tasmania's old growth forests and those who have tried to defend them to preserve these world class forests for future generations, and to gain support for laws which protect our right to speak out in the future," Ms Morris concluded.

The case is ongoing and is frequently updated at www.gunns20.org.au. Tickets can be purchased from The Wilderness Society, 90 Hunter St Newcastle, phone (02) 4929 4395.