NSWRA NEWS

4th February 2012

NSWRA Vs COMMONWEALTH OF AUSTRALIA.

The parties appeared in the NSW Supreme Court Friday 3^rd February for directions.

Counsel for NSWRA requested documents under “Discovery” which was agreed and the matter has been further adjourned until April.

The undertaking by the Commonwealth not to enforce the Termination Notice on NSWRA will be continued at least until that date.

John Fitzgerald,

Chairman.

16^th December 2011.

MEMO: ALL MEMBERS – CLUB SECRETARIES NSWRA.

FROM: JOHN FITZGERALD – CHAIRMAN NSWRA.

SUBJECT: UPDATE - ANZAC RIFLE RANGE MALABAR.

Yesterday Thursday 15^th December 2011 we appeared in the NSW Supreme Court in our action against the Commonwealth pertaining to our challenge against the validity of the Termination Notice issued on their behalf by Dept of Finance and Deregulation (DOFAD) to vacate the Anzac Rifle Range Malabar effective 31^st January 2012.

By consent from both parties the Court made the following orders.

1 The matter proceed by way of pleadings.

2. The plaintiff (NSWRA) file and serve a statement of claim by 22^nd December 2011.

3. The defendant (the Commonwealth) file and serve its defence by 20^th January 2012.
4. The parties agree on categories of documents for discovery by February 1 2012.
5. The matter be listed for directions before the duty judge on 3 February 2012.
6. The parties have liberty to apply on three days’ notice.
7. Costs reserved.

The Commonwealth made an undertaking not to enforce the Termination Notice to NSWRA up to and including 3 February 2012. This means it is not necessary for us to file for an injunction for a stay of proceedings at this point in time – however if the Commonwealth withdraw this undertaking on the 3^rd February we will immediately do so (file for an injunction)

The issues in our case against the Commonwealth are strong and in our statement of claim we

are in the process of compiling with our lawyers including:-

Reasonable Notice

Compensation/Damages

Misleading and deceptive conduct (on the part of the Commonwealth).

A considerable amount of research on our part has already been done and still needs to be done in preparation for our case. Between now and February 3 it is not anticipated a further memo will be issued unless something out of the ordinary occurs, which is most unlikely.

John Fitzgerald,

Chairman.

21st November 2011.

NSWRA MALABAR RANGE UPDATE

MEMO: ALL NSWRA MEMBERS

FROM: JOHN FITZGERALD - CHAIRMAN NSWRA

SUBJECT: UPDATE TERMINATION NOTICE ANZAC RIFLE RANGE.

At the request of NSWRA a meeting was called Thursday last week 17^th November in the offices of our lawyers Hunt&Hunt between the Commonwealth Dept of Finance and Deregulation (DOFAD the landlord) for Anzac Rifle Range Malabar, and us (NSWRA) to discuss the Termination of Occupancy Notice issued by DOFAD effective January 31^st 2012.

Rick Ashton NSWRA Treasurer and Public Officer and myself together with our lawyer Jim Harrowell AM (Hunt&Hunt) were present on behalf of NSWRA with Matthew Roser from Blake Dawson (lawyers acting for the Commonwealth) Rachael Manley Legal Branch DOFAD and Adrian Kirk Director Property Branch DOFAD.

The purpose of the meeting was to put forward NSWRA’s position in relation to the circumstances surrounding the Termination Notice and the consequences for NSWRA members if it was enforced, with hopefully a resolve to the impasse beneficial to all parties.

Unfortunately I advise the meeting did not conclude on a positive note. The lawyer for the Commonwealth suggested if NSWRA was finding it impossible logistically to vacate the complex by this deadline then maybe an extension of “a couple of weeks” may be agreed to. This was completely unacceptable to us – we are not going to capitulate for even a couple of month’s extension.

Consequently our lawyers have been instructed to prepare to file for an injunction for a stay of proceedings pending our case challenging the Termination Notice on the grounds of not adhering to certain conditions in our Licence Agreement (Contract) and in fact relying on an “implied term” as such, in the Federal Court.

Hon. Bob Ellicott QC (a former Federal Attorney General) has been engaged as our Senior Counsel to fight our case and has expressed an opinion in so doing. His opinion has given us every confidence that we have a winnable case. We expect the injunction to be lodged sometime in the first week of December, unless of course in the interim the Commonwealth recognises that common sense should prevail and are prepared to compromise their unconscionable determination to decimate our sport.

Further announcements will be made as they come to hand and as I have stated previously you will be kept fully abreast of the proceedings – Do not listen to the “Chinese Whispers”!

John Fitzgerald,

Chairman,

NSWRA Inc.,

26th October 2011

FEDERAL GOVERNMENT RENEGES ON PROMISE

THE FIGHT IS STILL NOT OVER

SAVE ANZAC RANGE

Click Here for Protest Petition

Minutes NSWRA Special Meeting 31st July

WHATS HAPPENING????????

1) NO ANSWERS FORTHCOMING.

Despite repeated attempts to determine the Federal Governments plans for Malabar no answers have yet been forthcoming.

Termination Notice of the 28^th April

2) LOCAL MEMBER VOICES CONCERNS over Malabar.

Letter from Michael Daley

Michael Daley Email

3) OVERSEAS SHOOTERS VOICE THEIR ANGER

Overseas Responses

5) ASBESTOS ON MALABAR Click for report

One reason for the cessation of activities was the reported presence of harmful asbestos on the range.

After continual requests to see the report the NSWRA was forced into taking action under the Freedom of Information Act to have this report released which does not support the Commonwealth’s case as the readings were less than the minimum standard required.

In fact this report and another commissioned by the NSWRA show that there is no danger from asbestos in the air on the range. There are asbestos issues in unoccupied huts owned by the Commonwealth which could be removed safely with little disruption to existing users.

6) NATIONAL PARK PLAN

The Federal and State Governments currently support turning Malabar Peninsula into a National Park. What they have not disclosed is the cost of remedial works (estimate’s could exceed $100 million ). That’s a lot of money to pay for a park.

WHAT CAN YOU DO TO HELP

1) Sign the online petition

2) Get support from friends, relatives etc for the petition.

3) Print out this petition for those without Internet access.

4) Send a letter of protest to your local members State & Federal (plus local government in Sydney)

Please keep your letters courteous. Address the issue and your support for the Malabar users.

FEDERAL MINISTERS

Hon Tony Burke, Minister for Environment

PO Box 6022, Parliament House, Canberra, ACT 2600

Email: Tony.Burke.MP@aph.gov.au

Hon Peter Garrett, Member for Kingsford-Smith

PO Box 249, Maroubra, NSW 2035