Saturday, July 2, 2011

Australian "Private Property" Rights Under Threat - Your Help Needed NOW Please

There are many high and supreme court decisions (e.g. Dillon V Plenty HCA5 1992) that set lawful precedents upholding your right to say who[b] is[/b] and [b]is not[/b] allowed on YOUR property in Australia. If you have a visible sign on your gate and next to your gate (in case it is open) that says something like:

No Trespass
This is PRIVATE PROPERTY owned under a Grant in Fee Simple Title.
To all persons and entities entering this property without the permission of the land owners,
admittance is by invitation only or Trespass Applies.


NO ONE is allowed to enter your property, or even photograph it, without your express permission or invitation - even police.

However, a lowly district magistrate in NSW has recently ruled that this law no longer applies to the property of a landowner who happens to be a prominent campaigner for farmer's property rights. To overturn this unlawful decision, an appeal must be made to the High Court. Details of the case, which involved Local Government, are available here.

However, the High Court will no longer accept appeals unless they satisfy these criteria:

1. there is a genuine question of Public Importance
2. where the interests of Justice require it

YOUR HELP IS NEEDED to establish these criteria. How? Very easy....


Just copy the letter below, add your contact details and signature, and post it [b]by 10 July[/b] to Sue & Lindsay Maynes “Berkeley” Woodstock NSW 2793

ALSO the Maynes have prepared an exhaustive review of Trespassing law in Australia and have made it available to us here. It includes important tips on YOUR rights, No Trespass signage, and what to do if it is violated.
Please use it and consider a $1 donation to support Sue and Lindsay in the High Court.

Bank transfer details: Sue & Lindsay Maynes, St George bank. BSB: 112879, Account Number: 056751444

Request to sign, add your contact details to, and send URGENTLY to Sue and Lindsay:

I would like to be included as asking that the High Court allow Special
Leave to Appeal on the decision of Judge Sidis of the District Court and
the Supreme Court of Appeals in the matter of Maynes vs Casey. I
believe this matter is of public importance to every private land-owner &
renter, every private home-owner & renter and every business owner and
renter. I believe that justice in this case, has not been served.

I have a No Trespass sign on the boundary of my land / home /
business and wish to know whether that sign defends me or is of no legal
use.

I wish to know whether the Inclosed Lands Act NSW 1901 is still law
and available to the owners of private land / homes / businesses as
protection against a trespasser in the event they ask a trespasser to leave.

I wish to know whether the lower courts are superior to the High
Court and can make decisions outside of the High Court rulings as Judge
Sidis from the District Court appears to have done in this case.