Tuesday, August 18, 2009

My Ministerial on Piracy of my EBook

As promised in post below and at the end of this letter, here IS the Ministerial Letter to my Fed MP [Jim]

1 July 2008

Piracy of EBook Matter

Dear Jim,
Congratulations on your election as the Federal Member for Leichhardt [I still have the
Kevin/Jim T Shirt from the Mossman Polling Booth], and your current stance of "Equality in the Law",
apparently in the field of "same sex" financial rights.

My association with Warren Entsch over the last 10 years has been in the related fields of Family Law,
but mainly the branch of Child Support, and it is most unfortunate, in my view, that our association
might start on a sour note concerning the piracy of my book "A Bloke's Guide to Family Law".

The piracy was enacted by http://www.familylawwebguide.com.au which was [and still is] a Cash for
Comment site set up by the Howard Government during 2007 to enable him to pass the most draconian
amendments to Family Law and Child Support legislation ever seen in Australia, virtually eliminating
the Constitutional right of every citizen to "their day in court" [see the Brandy v Human Rights and
Equal Opportunity Commission [1995] HCA 10; (1995) 127 ALR 1; (1995) EOC 92-662 (extracts);
(1995) 69 ALJR 191; (1995) 37 ALD 340; (1995) 183 CLR 245 (23 February 1995) case in the High

So as Howard became more and more desperate and devious as the election loomed nearer it was no
surprise that 2 weeks before the election the Cash for Comment site not only pirated the book but set
about to "offend my moral rights" as slander is referred to in Part IX of the Copyright Act 1968 [Cth],
herein CAct [see my submissions].

Of course it is impossible to say how much the latter worked in reverse to cement the loss for Howard
[though I know of some], but I can confirm that the Internet is now awash with pirated copies so
nobody is willing to actually buy the book any more [nor would I blame then as they are free from
prosecution under the CAct].

This has left me with no option but to use my considerable legal skills to seek relief under the CAct,
and I have enclosed my provisional affidavit and 30 page submission [or Polemic as judges have come
to lovingly refer to my learned dissertations] as curtesy copies [for you and the Attorney General] so
there can be no confusion as to my pleadings.

As you will see we are talking here to "the sins of the father", whereby the Kevin '07 Government has
now taken over these portfolios/ministries/agencies, so the "buck now stops" with the Kevin '07
Government [or all Stairways lead to Kevin, if you will]. Of course that is not of my [or your] making,
as I am simply the victim seeking relief from the Crime.

On the other hand I was listening to Question Time last week and, apart from hearing your own dulcet
tones, it would be Intellectually Dishonest not to remark on the total glee [which I applauded] with
which the new Kevin '07 Government [especially Kevin] had in rubbing big mobs of salt into every
inch of every rollback of former Howard legislation.

Of course, as I detail in the book, Blokes abused by Family Law/CSA have a unanimous desire to shoot
themselves in the foot and only "complain" at the pub, meaning very few [intelligent] Ministerials are
ever tendered to their MPs, meaning that any rollback of Howard abuses in the Family Law/CSA field
are very much on the very back burner [with the gas turned off].

But, in my submission, there is a great opportunity to rub salt, and be my guest to use my book to fast
track your understanding of these draconian measures of Howard/Parkinson/Ruddock. And to look at
it another way, it might seem Kafkaesque to allow same sex couples to "enjoy" legislation that has
itself been prostituted by Howard/Ruddock. And I would think that it goes without saying that the
funding of the Howard Cash for Comment web site must surely stop.

To return to the piracy issue, this Ministerial is tendered as the normal curtesy measure [termed warm
& cuddly arbitration/conciliation/rumination etc by the Pain Industry] before making an actual
application to court. I have similarly posted an "offer to settle" at the Cash for Comment Forum [at
which time the Forum was closed to guests]. As suggested above, the Kevin '07 Government might
well take great delight [please be my guest] in simply accepting the sins of the father, apologising [as
for the Stolen Generation] and providing relief, but with the "Holier than Thou" opportunity to grind
the Coalition further into the dirt.

As I indicate, the legislated measure [and bucket of funds] to solve the sins of the father is the
Financial Management and Accountability Act 1997 (Cth) [see Halge vs Carroll [1998] FamCA 110,
the famous and entertaining "Little Ozzie Battler" Classic from Kay J]. As I further indicate, the relief
I seek under the various Heads of Relief in the CAct total but one million dollars, whereas my
estimation of the Cash for Comment funding by Howard, if truncated, would easily cover my relief.

I do not wish to put unwieldily time constraints on your consideration of this matter, but in a way I am
a bit like Bernie Banton, where Tony Abbott was content to use "political procrastination" to simply
allow him to die before approving the drugs that might have kept him going, so I am most aware of the
need to keep the momentum going. My life has been one of gross discrimination where at 20 years old
[and without the right to vote] I was conscripted into the Army by the Menzies Regime, only to find
like 75% of all conscripts that conscription was purely political "suckholing" [as your Mark Latham
pointed out] and the Army had no need for us.

Hence we never got to Vietnam so are not officially "Veterans" meaning we do not get the Aged
Pension at 60 years as do those 25% who went to Vietnam [who of course also got a War Service Loan
to set themselves up for life]. Also at age 63.5, had I been born a woman [apart from being safe from
conscription, vote or no vote] I would already be on the Aged Pension.

Fortunately, while I too lost everything to the Family Law Industry/CSA [including my
superannuation], I was strong enough to fight the injustices both for myself and some 400 others,
which took my mind off suicide, so I did not become one of the three fathers per day who simply top
themselves from such pressure.

page 3
Like yourself I abhor discrimination in our society and I will do all I can to continue to right the wrongs
of Liberal Governments over the years. However I still need to eat and the book was to be my "buffer"
until I might make the age of 65 [or 67 had Costello got his way]. Now that buffer has been knocked
on the head by Howard's Goons, so I will need to litigate ASAP, save for any out of court relief by the
Attorney General/Finance Minister which might be afforded to me in a timely manner.

Can we agree on 28 days? - after which time might have elapsed, to keep the ball rolling and
everything above board I will publish this Ministerial and the submissions at my site, in preparation for
Filing & Serving.

Yours sincerely,

cc [enclosed, please forward] The Attorney General

No comments:

Post a Comment