Silberberg V The Builders Collective Of Australia Inc
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Silberberg V The Builders Collective Of Australia Inc
''Silberberg v The Builders Collective of Australia Inc'', is a 2007 judgment of the Federal Court of Australia, and the first Australian case exploring the liability of Internet forum operators for racial vilification under the ''Racial Discrimination Act 1975''.. Background The applicant, Dr. Ron Silberberg, was the managing director of the Housing Industry Association Ltd (HIA), a company representing the interests of people involved in the residential building industry. The Builders Collective of Australia Inc (the Collective) was an incorporated association of predominantly small builders and opposes the policies of the Housing Industry Association in many areas. The Builders Collective operated a website containing a discussion forum, which contained confidential information regarding the building of transmitter sites for the Digital Radio Oceane project. In May 2005 and January 2006, a registered user of the forum posted messages which suggested that Silberberg's Jewi ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ...
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Federal Court Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ...
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Roger Gyles
Roger Vincent Gyles (born 22 August 1938) is a former Australian judge who is currently the Independent National Security Legislation Monitor. In this role he is tasked to monitor and examine the Australian Government’s new counter-terrorism legislation. He has previously been an Acting Judge of the Court of Appeal of the Supreme Court of New South Wales, a judge of the Federal Court of Australia and a Royal Commissioner. Early life Gyles was educated at Newington College (1950–1954) and graduated from the University of Sydney with First Class Honours in Law in 1961. Legal career After practising as a solicitor, Gyles was admitted to the New South Wales Bar in 1964 and took silk in 1975. He acted as Master in Equity in 1975 and as a Judge of the Supreme Court of New South Wales in 1989. Between 1982 and 1984 he acted as Special Commonwealth Prosecutor into Bottom of the harbour tax avoidance, and between 1990 and 1992 he was Royal Commissioner into the Building Indust ...
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Internet Forum
An Internet forum, or message board, is an online discussion site where people can hold conversations in the form of posted messages. They differ from chat rooms in that messages are often longer than one line of text, and are at least temporarily archived. Also, depending on the access level of a user or the forum set-up, a posted message might need to be approved by a moderator before it becomes publicly visible. Forums have a specific set of jargon associated with them; example: a single conversation is called a " thread", or ''topic''. A discussion forum is hierarchical or tree-like in structure: a forum can contain a number of subforums, each of which may have several topics. Within a forum's topic, each new discussion started is called a thread and can be replied to by as many people as so wish. Depending on the forum's settings, users can be anonymous or have to register with the forum and then subsequently log in to post messages. On most forums, users do not have to l ...
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Racial Discrimination Act 1975
The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency. The Act is administered by the Australian Human Rights Commission (AHRC). The president of the commission is responsible for investigating complaints. If a complaint is validated, the commission will attempt to conciliate the matter. If the commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court of Australia or through the Federal Circuit and Family Court of Australia. The commission also attempts to raise awareness about the obligations that individuals and organisations have under the Act. The Act Prohibition of racial discrimination in certain contexts Racial discrimin ...
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Housing Industry Association
The Housing Industry Association (HIA) is an association of more than 40,000 members working in the housing industry. It is the peak national industry association for the residential construction and home building, renovation and development industry in Australia. The organisation's headquarters are located in Canberra while there are large offices in each capital city. Services HIA provides a range of services and information to assist all those in the home building industry. In particular they develop and advocate policies which recognise the importance of the housing industry to all Australians. HIA advocate the views and policies of their members by contributing to enquiries and forums that impact on the residential building sector. Certain policy areas cover economics, industry, building, planning, industrial relations, legal, environment, training and skills. The association conducts surveys and publishes reports including new home sales. It is able to provide recommende ...
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Human Rights And Equal Opportunity Commission
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies. The ''Australian Human Rights Commission Act 1986'' articulates the Australian Human Rights Commission's role and responsibilities. Matters that can be investigated by the Commission under the ''Australian Human Rights Commission Regulations 2019'' include discrimination on the grounds of age, medical record, an irrelevant criminal record; disability; marital or relationship status; nationality; sexual orientation; or trade union activity. Commission officebearers The Commission falls under the portfolio of the Attorney-General of Australia. Commissio ...
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Antisemitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antisemitism has historically been manifested in many ways, ranging from expressions of hatred of or discrimination against individual Jews to organized pogroms by mobs, police forces, or genocide. Although the term did not come into common usage until the 19th century, it is also applied to previous and later anti-Jewish incidents. Notable instances of persecution include the Rhineland massacres preceding the First Crusade in 1096, the Edict of Expulsion from England in 1290, the 1348–1351 persecution of Jews during the Black Death, the massacres of Spanish Jews in 1391, the persecutions of the Spanish Inquisition, the expulsion from Spain in 1492, the Cossack massacres in Ukraine from 1648 to 1657, various anti-Jewish pogroms in the Russ ...
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Section 18C Of The Racial Discrimination Act 1975
Section 18C of the ''Racial Discrimination Act 1975'', Offensive behaviour because of race, colour or national, or ethnic origin. deals with offensive behaviour "because of race, colour or national or ethnic origin" in Australia. It is a section of the ''Racial Discrimination Act 1975'',. which was passed by the Australian Parliament during the term of the Whitlam Government and makes racial discrimination unlawful in Australia. Section 18C was added by the Keating Government in 1995. The Section has been controversial and subject to much debate. Contents As of November 2016, Section 18C is worded as follows: Defences to 18C Defences to 18C are found under 18D of the ''Racial Discrimination Act''. Exemptions are made under Section 18D for: * artistic works, * academic, scientific or other purposes that are genuinely in the public interest, * fair and accurate reporting, or * fair comment that is an expression of genuine belief. Exemptions. The law in practice Complaints ...
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Anti-discrimination Law In Australia
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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Federal Court Of Australia Cases
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy *Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Federal government of the United States **United States federal law **United States federal courts *Government of Argentina *Government of Australia *Government of Pakistan *Federal government of Brazil *Government of Canada *Government of India *Federal government of Mexico * Federal government of Nigeria *Government of Russia *Government of South Africa *Government of Philippines Other *''The Federalist Papers'', critical early arguments in fa ...
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Antisemitism In Australia
The history of Jews in Australia traces the history of Australian Jews from the British settlement of Australia commencing in 1788. Though Europeans had visited Australia before 1788, there is no evidence of any Jewish sailors among the crew. The first Jews known to have come to Australia came as convicts transported to Botany Bay in 1788 aboard the First Fleet that established the first European settlement on the continent, on the site of present-day Sydney. There were 97,335 Australians who identified themselves as Jewish in the 2011 census, but the actual number is estimated to be 112,000. (An answer to the question on the census was optional.) The majority are Ashkenazi Jews, many of them Jewish refugees, including Holocaust survivors who arrived during and after World War II, and their descendants. Jews make up about 0.5% of the Australian population. History Major general histories of the Jews in Australia are Hilary L. Rubinstein and William D. Rubinstein, ''The Jews in ...
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