Jeremy Jones, and on behalf of the Executive Council of Australian Jewry v The Bible Believers’ Church [2007] FCA 55

FEDERAL COURT OF AUSTRALIA

Jeremy Jones, and on behalf of the Executive Council of Australian Jewry v The Bible Believers' Church [2007] FCA 55

HUMAN RIGHTS AND DISCRIMINATION LAW – racial vilification – racial discrimination – whether conduct of respondent rendered unlawful by s 18C of the Racial Discrimination Act 1975 (Cth) – whether publication of material on World Wide Web reasonably likely to offend, insult, humiliate, or intimidate Jewish people in Australia – whether first respondent has legal personality – relief granted against second respondent

PRACTICE AND PROCEDURE – Federal Court Rules – failure of respondent to file a defence

Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 46PH(1)(i), 46PO(1) Racial Discrimination Act 1975 (Cth) ss 18C, 18D Federal Court Rules O 6 r 2, O 9, O 11 r 20

Toben v Jones (2003) 129 FCR 515 applied Jones v Toben (2002) 71 ALD 629 applied Miller v Wertheim [2002] FCAFC 156 referred to Bropho v Human Rights and Equal Opportunity Commission and Anor (2004) 135 CLR 105 referred to Jones v Scully (2002) 120 FCR 243 referred to

JEREMY JONES, AND ON BEHALF OF THE EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY v THE BIBLE BELIEVERS' CHURCH AND ANTHONY GRIGOR-SCOTT NSD 768 OF 2005

CONTI J

2 FEBRUARY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 768 OF 2005

BETWEEN: JEREMY JONES, AND ON BEHALF OF THE EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY

Applicant

AND: THE BIBLE BELIEVERS' CHURCH

First Respondent

ANTHONY GRIGOR-SCOTT

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 2 FEBRUARY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. It be declared that the second respondent by himself and purportedly on behalf of the unincorporated entity The Bible Believers Church has engaged in conduct rendered unlawful by Part IIA s 18C of the Racial Discrimination Act 1975 (Cth) by having published or allowing to be published on the World Wide Web at websites collectively known as 'the Bible Believers' Website' (the internet address of which is http:\\www.biblebelievers.org.au) (which website is owned and controlled by the respondents) the document headed Bible Believers' Newsletter #242 a true copy of which is part of exhibit 'JJ1' to the affidavit of Jeremy Jones sworn the 17 May 2005 and filed in this proceedings ('the document headed Bible Believers' Newsletter #242'). 2. The second respondent forthwith do all acts and things necessary to remove the document headed Bible Believers' Newsletter #242 from the Bible Believers' Website. 3. The second respondent be restrained from publishing or republishing to the public by himself or any agent or employee and whether on the World Wide Web or otherwise: (i) the document headed Bible Believers' Newsletter #242 or any part thereof; (ii) any material with substantially similar content to the document headed Bible Believers' Newsletter #242; (iii) any other material which conveys the following imputations or any of them: (a) there is serious doubt that the Holocaust occurred; (b) it is unlikely that there were homicidal gas chambers at Auschwitz; (c) Jewish people who are offended by and challenge Holocaust denial are of limited intelligence; and (d) some Jewish people, for improper purposes, including financial gain, exaggerated the number of Jews killed during World War II and the circumstances in which they were killed. 4. The second respondent pay the applicant's costs of the proceedings.