NSWRA Malabar Range update


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If the commonwealth would just treat licensed shooters like human beings and with a modicum of respect that is their due, instead of trash to be swept aside at their whim, this would not be necessary. Below is the notice to members from the Chairman NSW Rifle Association, John Fitzgerald.

 

Marcus O’Dean

Editor

 

NSWRAMALABAR RANGE UPDATE

 

MEMO:ALL NSWRA MEMBERS

FROM: JOHN FITZGERALD – CHAIRMAN NSWRA

SUBJECT: UPDATE TERMINATIONNOTICE ANZAC RIFLE RANGE.

Atthe request of NSWRA a meeting was called Thursday last week 17thNovember in the offices of our lawyers Hunt&Hunt between theCommonwealth Dept of Finance and Deregulation (DOFAD the landlord)for Anzac Rifle Range Malabar, and us (NSWRA) to discuss theTermination of Occupancy Notice issued by DOFAD effective January31st2012.

Rick Ashton NSWRATreasurer and Public Officer and myself together with our lawyer JimHarrowell AM (Hunt&Hunt) were present on behalf of NSWRA withMatthew Roser from Blake Dawson (lawyers acting for the Commonwealth) Rachael Manley Legal Branch DOFAD and Adrian Kirk DirectorProperty Branch DOFAD.

The purpose of themeeting was to put forward NSWRA’s position in relation to thecircumstances surrounding the Termination Notice and the consequencesfor NSWRA members if it was enforced, with hopefully a resolve to theimpasse beneficial to all parties.

Unfortunately Iadvise the meeting did not conclude on a positive note. The lawyerfor the Commonwealth suggested if NSWRA was finding it impossiblelogistically to vacate the complex by this deadline then maybe anextension of “a couple of weeks” may be agreed to. This wascompletely unacceptable to us – we are not going to capitulate foreven a couple of month’s extension.

Consequently ourlawyers have been instructed to prepare to file for an injunction fora stay of proceedings pending our case challenging the TerminationNotice on the grounds of not adhering to certain conditions in ourLicence Agreement (Contract) and in fact relying on an “impliedterm” as such, in the Federal Court.

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

Furtherannouncements will be made as they come to hand and as I have statedpreviously you will be kept fully abreast of the proceedings – Donot listen to the “Chinese Whispers”!

John Fitzgerald,

Chairman,

NSWRA Inc.,


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