Peter Spencer - Not giving up - Back to the High Court

Peter Spencer is not giving up, he is taking his case all the way back to the highest court in the land - The High Court.

[first published March 21 in a Facebook post]

Peter writes: "'I am writing this brief to bring all supporters up to date with developments surrounding the ongoing court proceedings in the struggle for property rights in Australia.

This submission will is supported by a number of documents - being the High Court of Australia (HCA) - Application for Leave to Appeal and the HCA letter of acknowledgement and instructions.

I do point out the number of applications made to the HCA for Leave to Appeal are successful at the ratio of only 6% to 8% of the applications. 92 to 94% are rejected and that means for them - there is no other appeal path.

However, previously an Application to Appeal in this matter ACD 24 2007 was granted that right in appeal from the Federal Court of Australia (FCA) and the judgement of Emmet J and the FCA full bench.
This application was successfully heard, and Judgement handed down on September 1 2010.
It was significant in that all 7 High Court Judges agreed with our application.

In this matter, as submitted, we are saying that the FCA did not adhere to the HCA of Australia’s Orders handed down in the September 2010 Judgement. Therefore, there may be a higher potential for the HCA to hear this matter.

Further, I do point out in making that statement, that is only my opinion - I have no experience in such matters.

It must be appreciated; the Respondents have the right to defend the Judgement and oppose our submissions. 

Thank you all for hanging in there for the long duration – such a saga, and thank you for your ongoing support."
Peter Spencer

***
The immediate requirement is that Peter Spencer needs $10,000 of donations by about 9 April to keep this Appeal on track.

Payment Methods for the Farmers “Property Rights” Fighting Fund. Please remember any payment is appreciated and needed - Property Rights is a fundamental institution of our liberty.

Method 1:
Crowd Funding Link.
www.gofundme.com/property-rights-high-court-appeal?utm
Please provide an email to Leslie Hillam with details of any payment - see below.

Method 2:
Payment using “Pay Pal” facilities.
Supporters intending donations find it on Pay Pal web site.
This is the procedure –
The supporter goes to the PayPal site on the web and accesses the payment indicator advising that they want to pay money.
The page will request the code needed to identify who the payment is for. Then type in this ID –
ozpond@live.com
and that is the access code to the instructions and payment will process thru to the farmers “Property Rights” fighting fund.
Please provide an email to Leslie Hillam with details of any payment - see below.

Method 3:
For direct payments to the “Tower of Hope” Bank Account.
The “Tower of Hope” Bank Account details.
National Australia Bank.
BSP No. 082 535 Account No. 48 464 3925 The account is in the name of the:
Peter Spencer - “Tower of Hope” National Australia Bank.
Please provide an email to Leslie Hillam with details of any payment - see below.

Method 4:
For direct payments to the Fighting Funds Bank Account in Dubbo
The fighting fund Bank account details are as below:
BSB No: 032646 Account No: 494974 The account is in the name of the:
“NSW Regional Survival Group Fighting Fund” at Westpac in Dubbo

Farmers Fighting Fund Administrator’s Contact details:
Lesley Hillam: e-mail address: lesley.hillam@bigpond.com
For any assistance with payments regarding all above methods and notice of all payments.'

***
Please go to the Support Peter Spencer & Australian Farmers Facebook page for a lot more information posted there last night in a 4 part series

Part 1 - advice provided by Barrister Peter King to Peter Spencer dated 28 February 2018
https://www.facebook.com/permalink.php?story_fbid=10157258718078047&id=234917523046

Part 2 - Application for Special Leave to Appeal
https://www.facebook.com/permalink.php?story_fbid=10157258924763047&id=234917523046

Part 3 - response letter from the High Court confirming Spencer's application for special leave and setting out the timeline for further submissions
https://www.facebook.com/permalink.php?story_fbid=10157258956508047&id=234917523046

Part 4 - Peter Spencer's email & links to articles published by Alan Moran and David Evans

Peter also writes:
"I intend to brief as many farmers as possible, on the judgment, the decision to attend the High Court for “Leave to Appeal” and the reasons.
Anyone who can organize meetings - 50 or so farmers and as many meetings in one general area as close together so my visit is productive.
https://www.facebook.com/permalink.php?story_fbid=10157259021058047&id=234917523046

Peter Spencer: NFF withdraws funds

by Ian Hampton

Peter Spencer, photo sourced ABC

On Thursday 6 March, on the NSW ABC Country Hour, Michael Condon interviewed Hugh Nivison, Chairman of the Trust administering the Australian Farmers Fighting Fund (AFFF). 
 

The interview was in response to Spencer supporters informing the Country Hour that the fighting fund assistance used to back the legal fight against the Commonwealth had been stopped, and that this untimely withdrawal has left Spencer 'high and dry' at a critical time as the case is getting closer to going to trial.

 

However, when challenged by Michael Condon, Mr Nivison said that was not accurate.  Mr Nivison “blew a bit of smoke”, saying the fund had only committed to funding the process of legal discovery and is now looking at the documents to see if any more assistance is warranted, according to the merits of the evidence.  He also said "It is a complicated issue and we want to have a look at the evidence before we make a decision on where we go to from here," he said.

There is a report on the issue, and an audio of the interview on http://www.abc.net.au/news/2014-03-06/nrn-spencer-case-funding-in-limbo-6-3-14/5303300

Nivison’s statement lacks credibility.  Peter Spencer’s solicitor, Mr Peter McKell was advised by letter in January that the funding was to cease and the letter is clear and makes no such qualification.  It includes the following words “the Trust has now carefully reviewed the above matter post discovery.  As a result of this review the Trustees have formed a view to no longer support the case, and the Trust therefore will provide no further funding for this matter (Spencer v The Commonwealth of Australia)”.

The AFFF website home page includes the following two statements:  

“Established in 1985 - by farmers for farmers - the Australian Farmers' Fighting Fund (AFFF) provides financial, legal and professional assistance to farmers facing major issues that have the potential to set legal precedents.”

 

“The AFFF supports farmers in their fight against unfair and unwarranted barriers to the development of sustainable farming practises and vibrant regional communities.” 

Surely the Spencer case meets both of these tests.  One has to wonder why the AFFF Trustees firstly, and without qualification withdrew the AFFF funding, and when challenged resorted to making politician like statements about their support – when the Fund’s continued support is most needed.

 

The Spencer camp are not inclined to let the issue rest; it is hoped that a supporter will be interviewed on NSW Country Hour in the near future to clearly put forward the facts of the issue.

 

Previous related posts

Peter Spencer Update May 2013

 

SPENCER GAINS GROUND IN FEDERAL COURT

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