ANTI – HOMOSEXUAL Bernard Gaynor seeks injunction in NSW Supreme Court against Sydney Anti-Discrimination Campaigner Garry Burns & Ors


6 October 2018
Anti-Islam, Anti-Homosexual and failed political candidate Bernard Gaynor has commenced legal proceedings in the NSW Supreme Court against the NSW Local Court. The NSW Civil & Administrative Tribunal ( NCAT ). The President of the NSW Anti-Discrimination Board ( ADB ) and Sydney gay rights activist Garry Burns.
Mr Burns is the fourth defendant in those proceedings.
Mr Gaynor seeks declarations that any past claims ( homosexuality vilification complaints ) that Mr Burns’ made against him in presence of any other defendant’s are void. He also seeks prohibitions against either the President of the NSW ADB referring or authorising such complaints.
The Summons ( filed 26 July 2018 ) by Mr Gaynor seeks review of decisions of the local court, ADB and NCAT “ to refer the complaints of Mr Burns and the actions of each defendant doing so”. However the Summons fails to refer to 30 ( 1 ) ( b 2 ) inserted into the Local Court Act, giving it jurisdiction to hear substituted proceedings within the meaning of Part 3A of the NCAT Act.
Mr Burns said, “ This is one of many puzzling aspect of the Summons, which in many respects is a legally embarrassing document. I have put on a submitting appearance and will take no further part in the proceedings.”
Mr Gaynor “ seeks relief “ from those decisions which had “ the consequence of authorising and referral and maintenance of the proceedings is opaque.
Section 34B ( 2 ) ( a ) of the Civil and Administrative Tribunal Act 2013. It provides that applications involving federal diversity jurisdiction may be made to an authorised court ( ( commenced 18 Dec 2017 ), but likely in respect to earlier lower court decisions in those proceedings. See High Court Decision in Burns v Corbett ( 2018 ) HCA 15.
Section 34B is in Part 3A, dealing with diversity proceedings. Section 3A defines “ authorised  court “ as the Local Court or District Court.
Mr Gaynor seeks declaration that all proceedings Mr Burns commenced in the Local Court against him “ are void and of no effect because no lawful application or appeal has been made”. This is apparently a reference to the fact there has to be an NCAT application or NCAT appeal to be transferred to the Local Court.
Mr Gaynor seems to be challenging the practical operation of the entire Part 3A procedure. It may be arguable but has low prospects of success.
Mr Gaynor seeks numbered 1-5 ;
1, A declaration that Mr Burns complaints “ are void and of no effect”.
2, A declaration that the NCAT President has no power to receive complaints from Mr Burns or the ADB under various provisions of “ the Act “. This is apparently a reference to the Anti-Discrimination Act in relation to referral of complaints to NCAT.
3, A declaration that the NSW ADB president has no power to refer complaints under the Anti-Discrimination Act to the NCAT due to Federal Diversity Jurisdiction ( FDJ ).
4, Seeks prohibition against the Local Court from proceeding with or taking any further steps in respect of the three 2018 Local Court proceedings referred by NCAT against Mr Gaynor. ( Garry Burns ADB complaints )
5, Seeks injunction against all defendant’s ( including Mr Burns ) restraining them “ from maintaining or bringing any complaint or further complaint before “ the Local Court, and presumably NCAT or the ADB ( rather than their President’s, on basis of the Federal Diversity Issue ( FDJ ).
“ In short the essential point of Mr Gaynor’s Summons is misconceived and likely to fail.”
“ Mr Gaynor’s Summons wouldn’t be capable of buttering a plate of parsnips for the dinner table because it’s just incongruous,” said Mr Burns.
Garry Burns

Author: Garry Burns

Gary Burns is an Australian anti-discrimination campaigner. He successfully tested the homosexual vilification provisions of the NSW Anti-Discrimination Act 1977 with a complaint of personal homosexual vilification against broadcaster John Laws and Sydney radio station 2UE that concluded in his favour in 2002.[1] Burns went on to front public interest cases against high profile figures and media establishments for unlawful homosexual vilification.

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