For over two decades Australians have been fighting to protect Tasmania’s world class forests. Tens of thousands of people have visited, written letters about, campaigned for and rallied to protect Tasmania’s old growth forests from logging and export woodchipping.
Many successes have been had along the way, protecting some of Tasmania’s most beautiful wild places and creating internationally renowned reserves and tourist destinations. Most recently, public support for the forests has forced the hand of conservative federal and state governments. They have agreed to protect over 180,000 ha of forests including the Tarkine rainforest wilderness and parts of the Styx Valley of the Giants.
But – the campaign must go on. There are still significant areas of old growth forest under threat. A new pulp mill proposal will condemn these ancient forests to destruction if we do not act now.
Tasmanian-based timber company Gunns Ltd., Australia’s largest export woodchipping company, exports over 5 million tonnes of woodchips from Tasmania every year, most of which comes from native forests, including old growth forests.
In December 2004, Gunns Ltd issued a $6.4 million civil lawsuit against 17 individuals and 3 organisations arising out of the Tasmanian forest campaign. Gunns Ltd is claiming damages for media statements, what they claim is unlawful lobbying of shareholders, customers and governments, and disruption to its logging operations. This is a landmark case which may forever change the face of free speech in Australia.
The Gunns writ was launched in the Victorian Supreme Court. Various defendants had done a little, or a lot, to help save Tasmania’s forests. And just before that Christmas, when the fight for the forests was already difficult beyond belief, Gunns made things harder by suing the 20 defendants (www.gunns20.org). It got worse. Just 2 days after serving the $6.3 million writ, Gunns announced its plans to build a massive pulp mill in northern Tasmania – which would be a new driver for the destruction of even more of Tasmania’s native forests. At that point, those 20 people and community groups knew that it was going to be a hard year ahead.
Those targeted by the Gunns Ltd lawsuit represent a broad cross section of the community and the campaign to protect Tasmania’s majestic forests. The 17 individuals include doctors, a dentist, a CEO, a film maker, a primary school teacher, an author, and two members of Parliament.
In fact these people – many of whom wouldn’t consider themselves as environmental campaigners – simply did what they believed was right in response to a great wrong. Some wrote letters to decision-makers, begging them to help protect forests. Others spoke to the community at meetings or through a news camera. A few joined community protests. Ordinary people with ordinary responses to terrible circumstances.
“Bad things happen when good people do nothing” - and these ordinary people decided to do something, and were left to pay an extraordinary price.
They have done what thousands of people across Australia, across the years have done: standing up for something they believe in; seeking protection for the forests and for their right to be heard. They are now facing something very different and most disturbing. A looming court case, lawyers meetings, legal costs, the worry and the risk of losing hard-earned assets.
The community's right to participate in public debate, without the threat of unfair legal action, must be encouraged and protected. Fair and valid freedom of speech and the right to peaceful protest are the cornerstones of our democracy.
Version 3 of the Statement of Claim filed by Gunns and the other Plaintiffs on 15 August 2005 is available in MS Word format (1 MB) or PDF format (1 MB).
Note: that the claims in the writ are only allegations. Defences have not been filed so the defendants have not been able to fully answer the claims made. However various defendants have made public statements that the writ contains many inaccuracies.
To see a copy of the Writ ............. .......................... To follow the case through served by Gunns click here .............................................ththe media click here