Tag Archives: Bernard Gaynor

Sydney firm acts pro bono in HCA vilification case

Legal proceedings, scales of justice

A self-proclaimed “out loud and proud” law firm based in Sydney’s Newtown has appeared in the High Court of Australia on behalf of Garry Burns.

Mr Burns appealed to the HCA following a determination in 2016 that despite being a victim of homophobic vilification, he had no standing to pursue the matter in the NSW Civil and Administrative Tribunal because the alleged perpetrators were not residents of New South Wales.

The gay rights activist was attempting to sue political aspirant and Katter Party of Australia candidate Tess Corbett, who made comments in the Hamilton Spectator in 2013. Ms Corbett told the publication that she did not want “gays, lesbians or paedophiles working in my kindergarten” and associated homosexuals with paedophiles.

“Paedophiles will be next in line to be recognised in the same way as gays and lesbians and get rights,” Ms Corbett was quoted as saying.

When Queensland’s Senate hopeful Bernard Gaynor later endorsed Ms Corbett’s statements, he was suspended him from the Katter Party Australia.

In January last year the NSW Civil and Administrative Tribunal found Ms Corbett’s comments had vilified homosexual people. She was ordered by the tribunal to place a public apology in the Sydney Morning Herald.

Mr Burns sought a court-imposed fine against the former candidate for the federal seat of Wannon in western Victoria when she failed to publish an apology.

On appeal, the Supreme Court of NSW said that the tribunal did not have the jurisdiction to deal with either Ms Corbett or Mr Gaynor. Mr Burns subsequently took the matter to the HCA.

Dowson Turco partner Nicholas Stewart (pictured) offered to represent Mr Burns pro bono for the costs aspect of his HCA appearance.

“This is a very technical matter and we are grateful for Garry’s instructions to act pro bono,” Mr Stewart said.

“Without Garry, the LGBTI community would be behind the times and the fact that his matter is before the highest court in our country is testament to his drive for justice for our community.”

The lawyers appeared before the court last week. [Outcome here].

Sonja Freeman, one of the lawyers at Dowson Turco, said that the firm had celebrated recent legal milestones for LGBTI rights, such as marriage equality and LGBTI rights in the Family Court. She noted that efforts to help Mr Burns’ vilification case were just as important.

“Garry Burns is a brave and unrelenting advocate of the Australian LGBTI community. He has fought tirelessly to prevent homophobic discrimination and to bring about a safer environment for the LGBTI community,” Ms Freeman said.

“We want to assist Garry to ensure that tribunals in NSW can assist victims of discrimination and vilification even when perpetrators are located interstate,” she said.



Mr GayNor had no chance of leave being granted – Looses AGAIN

Far-right campaigner Bernard Gaynor fails to overturn dismissal from army

Iraq war veteran-turned-reservist sacked from Australian defence force after saying he did not want gay people teaching his children

  Australian Associated Press – Friday 18 August 2017 
Bernard Gaynor says Australian Defence Force is ‘marching to the beat of a very political tune, drummed up by those who demand gay marriage’.
 Bernard Gaynor says Australian Defence Force is ‘marching to the beat of a very political tune, drummed up by those who demand gay marriage’. Photograph: Richard Wainwright, STR/AAP

Far-right campaigner Bernard Gaynor has lost his bid to overturn his dismissal from the Australian defence force.

Gaynor won a case against the ADF in 2015, claiming that sacking him in 2013 for publicly criticising policies aimed at reducing discrimination towards women and homosexuals had breached his right to free speech.

But the federal court later ruled the ADF was within its rights to sack the former major and Iraq war veteran-turned-reservist.

During a complex hearing at the high court in Brisbane on Friday, justices Anthony Keane and James Edelman were told the appeal against the chief of defence force’s decision hinged, in part, on military regulations about the suitability of officers to serve.

Those included following orders and official ADF policy, which prohibits its members from making political statements.

Gaynor had argued he was not in uniform, on base or assignment when he made the comments and as a reservist had a different status to a regular officer.

The high court justices, however, said that sufficient grounds to establish special leave to appeal the federal court ruling had not been made out and dismissed the appeal.

Gaynor had been sacked after saying he did not want gay people teaching his children, and engaged in a public stoush with high-profile transgender army officer Cate McGregor.

“The supposedly apolitical ADF is now marching to the beat of a very political tune, drummed up by those who demand gay marriage and take pleasure in ridiculing Christianity,” Gaynor said in a statement in 2015.

Gaynor was also dumped as a Queensland Senate candidate for Katter’s Australia party over his comments, and was recently affiliated with the anti-Islam Australian Liberty Alliance party.





14 November 2016

NSW Anti-Discrimination Campaigner and public interest litigant Garry Burns has lodged a number of complaint’s under the NSW Anti-Vilification Provisions of the ADA 1977 ( NSW ) against QLD resident Bernard Gaynor over a number of statement’s he published on the internet that Mr Burns alleged were harmful to homosexual Australians.



“ How could that statement concern serious questions on enrichment toward the Great Conversation in the following ideas claimed by Mr Gaynor as quoted in one of his recent Defence’s filed. ( sic )


a. Morality ;

b. Public policy on political freedom ;

c. Religious freedom ;

d. The implied constitutional freedom of political opinion ;

e. The Public interest ;

f.  Threads posed to those freedoms and ideas ;

g. Open and frank participation in the Great Conversations that these issues pertain to.

His above statement goes a step further because it clearly vilifies male homosexuals based on their homosexuality , “ said Mr Burns. 


The NSW Supreme Court of Appeal will hear an Application lodged by Mr Gaynor on Wednesday 30 November and and Thursday the 1 December 2016 at 10am challenging jurisdiction and constitution.


The court will determine and hear the proceeding involving the matter of an Applicant and Respondent living in different states in relation to the ADA 1977 ( NSW ).


“ Basically what Mr Gaynor is legislating for is a right to sit on his computer somewhere in Queensland and publish material on his website / Facebook pernicious to homosexual Australians claiming that I and others who share my characteristic ( homosexuals ) don’t have jurisdiction to lodge a homosexuality vilification complaint against him under any state or territory discrimination or equal opportunity provision because the public act according to Mr Gaynor occurred in QLD and not NSW.

Regarding the public act, the Dow Jones decision states, regarding the internet, an act occurs where the content is downloaded.

The internet crosses all state and territory boundaries and any jurisdictional argument put forward by Mr Gaynor in his application must fail.

This case for me involves a very important question of law to be explored and I will fight for it “ said Mr Burns.









Australia rejects Bernard GayNor’s Liberty Alliance Anti-Islam Party

Goodbye GayNor, Goodbye

Goodbye GayNor, Goodbye

Senator wannabe, Bernard GayNor and his Australianala-logo-header Liberty Alliance Anti Islam Party, barely made a dent in the race to obtain a Senate seat in the 2016 Australian Federal Election..

Parties like Australian Sex Party/Marijuana (HEMP) Party, Shooters, Fishers and Farmers Party, and even the Animal Justice Party polled better than his now potentially defunct Australian Liberty Alliance Party.

Is this the end of GayNor’s gay hating, Anti Islam, god fearing party??

As Clive Palmer would say, goodbye GayNor goodbye…

Defence fights Gaynor’s dismissal win | SBS News

The Australian Defence Force will fight a Federal Court ruling to overturn the sacking of an army reservist who posted anti-gay comments online. Bernard Gaynor was fired as a Defence Force major in December 2013 for making a string of “offensive and divisive” public statements about gay and transgender people, as well as adherents of Islam. “I wouldn’t let a gay person teach my children and I’m not afraid to say it,” Gaynor tweeted in January 2013.

Source: Defence fights Gaynor’s dismissal win | SBS News

GayNor – “ Is in favour of homosexuality being made illegal in Australia and should have Russian styled laws that make it illegal to show or speak about homosexuality in public”

Australian Liberty Alliance

Australia’s newest political party, Australian Liberty Alliance, was launched today in Perth. The party has named their first three candidates for the Australian federal senate.

The launch of the party saw vocal protesters attending it’s media announcement which was held outside the Western Australian state parliament. The right wing party invited controversial Dutch politician Geert Wilders to visit Australia for their first events.

Wilders, a politician from The Netherlands is a opponent of Islam and campaigns against allowing Muslim people to immigrate and argues that new Mosques should be banned.

The party’s first candidates are anti-halal certification campaigner Kirralie Smith, President of the Q-Society Debbie Robinson and conservative commentator Bernard Gaynor. Smith plans to run in NSW, while Gaynor hails from Queensland, Robinson will run for the senate in Western Australia.

Gaynor, a former Army officer, had his commission terminated by the Army for his outspoken views on Islam and the LGBTIQ community. Gaynor previously ran for public office as a representative of the Katter Party but was asked to resign after he said that parents had a right to know if their teachers were gay. Later Gaynor served as the state secretary of Family First in Queensland.

The Australian Liberty Alliance has published it’s policies in relation to LGBTIQ+ people. The political party said they respect that some Australians choose to live in same sex relationship and that they would combat negative stereotyping and mitigate financial disadvantages for homosexual couples where they still exist.

The party is opposed to marriage equality, stating that they support natural families. On their website the group states the right of children to grow up in a natural family must remain protected and “alternative sexual orientations” shall not be actively promoted in schools and public institutions.

When OUTinPerth interviewed Bernard Gaynor in 2014 he told us that he does not recognise transgender people and for him the term ‘homosexual’ applies to all people who are not heterosexual.

Gaynor said he was in favour of homosexuality being made illegal and that Australia should have Russian styled laws that make it illegal to show or speak about homosexuality in public.

OIP Staff



Published by Out In Perth


20 November 2015

Anti Islam, Anti Homosexual, Bernie GayNor

“We will stop Islamisation of Australia?

Sydney Anti-Discrimination Campaigner and public interest litigant Garry Burns lodged 3 homosexuality vilification complaint’s under the Anti-Discrimination Act 1977 ( NSW ) against former failed Katter Party Candidate and most recently appointed QLD‘s Liberty Alliance Senate Candidate , Bernard GayNOR.
Mr.GayNor is the endorsed QLD Senate candidate for the Anti-Islam Liberty Alliance Group.
“ A party of political goons resembling those of Germany in 1930’ said Burns.
“ Mr.GayNor’s credibility for public office wouldn’t be capable of buttering a plate of parsnips for the dinner table” ,  alleged Mr.Burns.
Mr.Gaynor is known for publishing the below pernicious statement in relation to homosexuals on his Twitter ( fully sic ).
“ I wouldn’t let a gay person teach my children and I am not afraid to say it”.
On the 14 October 2015 Mr.Burns proceedings against Mr.GayNor were dismissed. ( Burns v Gaynor ( 2015 ) NSWCAT AD 211)
Mr.GayNor published the following day on his Website at http://bernardgaynor.com.au/ncat-ruling-protects-freedom-from-lgbt-attack/#respond ( sic )
“ Yesterday was a great day : a day of victory” !
Mr.GayNor goes on to attack the integrity of the Anti-Discrimination Board ( ADB ) of NSW and it’s President Stepan Kerkysharian and makes a number of derogatory statement’s in relation to Mr.Burns motives for the lodging of those complaint’s. ( In part he said )
“ The truth is that Gary Burns has been riding a gravy train facilitated by Stepan Kerkysharian’s Thought Police. He has lodged the vast majority of homosexual vilification complaints in the history of New South Wales Anti-Discrimination Board.
It is a joke that Stepan Kerkysharian has allowed this abuse of the law”.
Mr.Burns said ; “ There is no gravy train or abuse of the Anti-Discrimination Act 1977 (  NSW ). The legal action I have taken against this Anti-Islam , Anti- Homosexual and Un-Australian failed political candidate is warranted because I allege Mr.Gaynor has breached the Anti-Vilification Provisions of the Anti-Discrimination Act 1977 and that act once substantiated will be unlawful ”.
Mr.GayNor is represented Anti-Islam Campaigner and Immigration Lawyer Robert Remo Balzola.
Mr.Burns has lodged an appeal against the decision of Burns v Gaynor ( 2015 ) NSWCATAS 211 ( Burns v GayNOR ).
In Mr.Burns’s view Member Patten appears to have incorrectly applied the decision of Dow Jones and Company Inc v Gutnick 210 CLR 575 , which resulted in him incorrectly finding that his application under the Anti-Discrimination Act 1977 ( NSW ) was misconceived because , in his view , Mr.Gaynor did not perform a public Act in NSW.
“ This is bad law and it will be overturned on Appeal and Mr.GayNor will have to come back before the Tribunal where all complaint’s lodged by me will be heard. Mr.GayNor is going to cop a dose of third degree Burns because just like a hungry white pointer shark in a feeding frenzy I’ve got hold of Mr.Gaynor’s leg and I’m not going to let go until his bone is bloodied and bare ”, ( figuratively speaking )  said Mr.Burns.
“ Anti-Islam , Anti- Homosexual Australians like Bernard William GayNor are just likes crabs in a bucket.The good news is crabs can’t crawl out of a bucket and just as Mr.Gaynor  will go nowhere in the end. This imagery reflects Mr.Gaynor to a tee’ , concluded Mr.Burns.