681
681
27

Simon Mulvany Legal Defence Fund

$48,023 of $70,000 goal

Raised by 1,150 people in 15 months

Thursday 18 October 2018

Capilano corporation’s lawyers have lost again in their quest to silence food security activists but still they pursue me.

The Top Court in NSW (the Court of Appeal) has released a judgment.

It says independent journalist Shane Dowling who has also been fighting Capilano Honey Ltd is no longer court-supressed from saying critical things about its business. Read it HERE:
https://jade.io/article/616548

These are the same sorts of things big company Capilano Honey Ltd got the Courts to stop me saying via “interlocutory injunctions” (legal speak) while I try and defend myself.

Shane can now participate in the honey safety debate again which a judge described as “of broad public concern raising complex questions of trade regulation and health [and] safety regulation”.

The NSW Appeal judgment also gives a boost for my own application in the Supreme Court of Victoria for Judge Dixon to “vary the orders” which have been pressing down on me.

Hopefully Judge Dixon’s decision will be delivered soon. Watch this space!

Thank you for your contributions to my legal fund. They support me to speak up for the bees, beekeepers and to promote those who sell pristine raw honey.

A small donation by many will allow me to stay in this fight.

Sign the petition
https://goo.gl/BX7jCg

You can support your local beekeeper by buying local honey via the honeymap.
https://goo.gl/vfhcQs

----------------------------

PREVIOUS POST #3:
Friday 14 July

I was dragged back into Supreme Court of Victoria by big company Capilano Honey Ltd.
But this time I had a lawyer thanks to your funding!

Capilano have me under legal attack to stop me speaking up for the bees, beekeepers and honey-eaters in Australia.

That can all be sorted out at Trial. Hopefully before a JURY of common sense people like you.

But back in May 2017 the Capilano top Sydney lawyers outmanoeuvred me with “Interlocutory Orders” (legal speak) that have been pressing down on me ever since. These mean I could be in Contempt of the court right now if I say some things before the Trial even happens.

The Orders are a long list of what I am not supposed to say. It’s actually set out in a public document judgment of a NSW judge on 30 May 2018, which you can read HERE: https://jade.io/article/585693

The list is in a public document already! And I am facing possible Contempt of court if I set a foot wrong.

Some of you may know that journalist Shane Dowling went to prison last year for 4 months for Contempt of court. And last month he was shockingly sent to prison again for 18 months.

The same Sydney lawyers who made that happen are the same Sydney lawyers who Capilano have hired!

I need to be there for Oscar not in prison. We tragically have lost Oscar’s Mum. It is hard to know what Capilano are even saying I’m doing that is Contempt. The Capilano complaints have even been slung at me for my posts asking for help on GoFundMe. Complaints for what?

But on Friday I got a Break:
My legal eagle persuaded Judge Dixon to allow me to make an Application to “vary orders” to get this Contempt pressure off me.

So I can breathe better and tell you what is happening and keep speaking up for the bees and the community.

Thursday 20 September the Application can be filed. 27 September Judge Dixon will then hear it for half a day. With all my supporters very welcome in court!

Capilano top Sydney lawyers said in open court they estimate their clients have spent about $2 million already on this case! Sickening, I know. Think of all the honey bee product testing they could do instead. Like funding the Sunshine Coast Uni for NMR (Nuclear Magnetic Resonance) testing.

With community support I have raised (and now spent) over $30,000 to defend against the Capilano legal attack on me. As my lawyer wrote to the Court “there is a disparity of arms”. That’s for sure.

PLEASE HELP
It’s a big job to get the Application ready in time. This costs money for lawyers. I want to seize this chance. With your funding help!

Please share

Petition
https://goo.gl/BX7jCg

----------------------------

PREVIOUS POST #2:

Wow! The Beekeeper and Honey-eater world has gone from amber to red alert.

ABC and Fairfax have published a joint-investigation of Capilano accused of selling fake honey.

ABC: Capilano, Australia's biggest honey producer, and supermarkets accused of selling 'fake' honey
http://www.abc.net.au/news/2018-09-03/capilano-and-supermarkets-accused-of-selling-fake-honey/10187628

Capilano, supermarkets accused of selling fake honey
https://www.smh.com.au/business/consumer-affairs/capilano-supermarkets-accused-of-selling-fake-honey-20180827-p5000u.html

All this is happening while big company Capilano Honey Ltd is suing me in the Supreme Court of Victoria.

It’s a “Permanent Injunction” legal attack to try and remove what I have said publicly and not allow me to say anything like this again.

I don’t want to be in Court. I am the “defendant”.

I simply tried to speak up for the bees and the community in Australia.

Kind donations helped me pay lawyers to prepare the first part of a legal defence.

Supreme Court Judge Dixon has warned me that without paid lawyers I am “swimming with sharks without a shark cage” (his words!)

Yep that’s for sure. I’m in unfamiliar dangerous waters.

Having my own professional lawyers helps me fight back. This costs money.

I NEED HELP!
Please support me to keep funding a legal team and expert witnesses.

Judge Dixon says I will not get a JURY TRIAL if I do not have lawyers. And I want a JURY of common sense people in the community to decide this case.

Please share

Petition
https://goo.gl/BX7jCg

----------------------------

PREVIOUS POST #1:

Friday 20 July, I represented myself against big company Capilano Honey Ltd in the Supreme Court of Victoria.
I don’t have lawyers so did the best I could alone in the directions hearing and am allowed now to put in an updated defence by 24 August.

Judge Dixon warned me how ruinous litigation can be.

He didn’t need to tell me. I don’t want to be in Court. I am the “defendant”. I did not start this legal case.

I simply tried to speak up for beekeepers and honey eaters in Australia.

Capilano Honey is suing me to try and remove what I have said publicly and not allow me to say anything like this again. “Permanent injunction” in legal speak.

But I am not going away. I want to speak and not be stopped from speaking for the bees and the community.

Judge Dixon warned me that without paid lawyers I am “swimming with sharks without a shark cage” (his words!)

He is right. This case has been running for 2 years. I am doing the best I can and finally got permission on 30 May to have the case transferred from NSW to my home State of Victoria.

Capilano Honey is based in Brisbane, Queensland but started this whole case in Sydney NSW. As you can imagine there has been a whole bunch of highly paid Sydney lawyers stacked up against me.

Capilano said they would suffer all the inconvenience if the case was transferred to where I live in Melbourne VIC and I “will not suffer any inconvenience or additional cost by the proceedings remaining in Sydney”. The NSW Judge decided to totally reject that and said: “The uncontested evidence is that Mr Mulvany is the sole parent of an eight-year old child, the child’s mother being deceased. I do not understand how it could seriously be contended that it would not cause “inconvenience” for him to have to travel to Sydney for court.” She also said: “I do not understand why the interests of an unrepresented defendant and a young child should weigh less in the balance than the convenience of Sydney lawyers.”

You can read the NSW judgment HERE: https://jade.io/article/585693

So I got the case transferred! It’s a big win for me. But there are lots of challenges to keep defending myself. It’s all getting more complex and I need a shark cage and some shark repellent. This costs money.

Please share

Petition
https://goo.gl/BX7jCg
+ Read More
I am sorry and very disappointed to report that a Judge of the Victorian Supreme Court has ruled Capilano Honey Ltd have been allowed to continue to restrain my right to free speech.


I find the ruling difficult to reconcile with the fact that last month three judges of the NSW Court of Appeal ruled that all suppression orders restraining another journalist Shane Dowling speaking freely about Capilano Ltd were to be lifted. Mr Dowling was making similar observations about Capilano Ltd on social media to me.



How can three judges in the NSW Court of Appeal rule that on the it is important for all journalists including Shane Dowling to be allowed to speak openly in the current public debate about honey food security BUT a single judge of the Victorian Supreme Court has now ruled that on the “balance of convenience” I must be restrained by Court Order from making similar observations in relation to Capilano Ltd’s business practices ?

What could be more important than full open discussion about food security and honeybee welfare?

Capilano LTD achieved this outcome without producing any evidence as to the quality of their imported honey they sell under subsidiary brands.

I have decided to hire a public-interest lawyer David Barrow. He knows I’m in for a long fight and has experienced a few of these.
http://davidbarrowlawyer.com.au/

David Barrow is an expert at navigating the tricky and tedious court process and is a vigilant #freespeechadvocate for me.

Fortunately Mr Barrow has agreed to work at a reduced rate and run an appeal. I will instruct him to take this all the way to the High Court if I need to. It is too important. I cannot allow this corporation to silence me. I have an obligation to bees and future generations.

Judge Dixon’s judgment said I had not supplied enough evidence that things have changed enough since the injunctions were made on 25 May 2017.

Despite on Sep 2018 just about everyone in Australia knows that ABC and Fairfax published a joint-investigation of Capilano accused of selling fake honey. And in Oct 2018 aMacquarie Uni science lab found that almost 20 per cent of Australian honey samples (unidentified) were found to not be pure. News reports are not enough said Judge Dixon.
https://mobile.abc.net.au/news/2018-09-03/capilano-and-supermarkets-accused-of-selling-fake-honey/10187628?pfmredir=sm

I NEED HELP PLEASE to raise funds to subpoena scientific testing and to find a scientist who can present the scientific evidence to the Court.

If we all donate a small amount to the legal fund and continue to support our local beekeepers we will win this.
+ Read More
Capilano corporation’s lawyers have lost again in their quest to silence food security activists but still they pursue me.

The Top Court in NSW (the Court of Appeal) has released a judgment.

It says independent journalist Shane Dowling who has also been fighting Capilano Honey Ltd is no longer court-supressed from saying critical things about its business. Read it HERE:
https://jade.io/article/616548

These are the same sorts of things big company Capilano Honey Ltd got the Courts to stop me saying via “interlocutory injunctions” (legal speak) while I try and defend myself.

Shane can now participate in the honey safety debate again which a judge described as “of broad public concern raising complex questions of trade regulation and health [and] safety regulation”.

The NSW Appeal judgment also gives a boost for my own application in the Supreme Court of Victoria for Judge Dixon to “vary the orders” which have been pressing down on me.

Hopefully Judge Dixon’s decision will be delivered soon. Watch this space!

Thank you for your contributions to my legal fund. They support me to speak up for the bees, beekeepers and to promote those who sell pristine raw honey.

A small donation by many will allow me to stay in this fight.

Sign the petition
https://goo.gl/BX7jCg

You can support your local beekeeper by buying local honey via the honeymap.
https://goo.gl/vfhcQs
+ Read More
Nearly the whole of Australia know now about Capilano ltd scandal but they are still intent on silencing me and financially destroying me.

Friday 14 July I was dragged back into Supreme Court of Victoria by big corporation Capilano Honey Ltd.

But this time I had a lawyer thanks to your funding! http://www.finchlawyers.com/


Capilano have me under legal attack to stop me speakingup for the bees, beekeepers and honey-eaters in Australia.

That can all be sorted out at Trial. Hopefully before a JURY of common sense people like you.

But back in May 2017 the Capilano top Sydney lawyers outmanoeuvred me with “Interlocutory Orders” (legal speak) that have been pressing down on me ever since. These mean I could be in Contempt of the court right now if I say some things before the Trial even happens.

The Orders are a long list of what I am not supposed to say. It’s actually set out in a public document judgment of aNSW judge on 30 May 2018, which you can read HERE: https://jade.io/article/585693

The list is in a public document already! And I am facing possible Contempt of court if I set a foot wrong.

Some of you may know that journalist Shane Dowling went to prison last year for 4 months for Contempt of court. And last month he was shockingly sent to prison again for 18 months.
https://www.facebook.com/kangaroocourtofaustralia/

The same Sydney lawyers who made that happen are the same Sydney lawyers who Capilano have hired!

I need to be there for Oscar not in prison. We tragically have lost Oscar’s Mum. It is hard to know what Capilano are even saying I’m doing that is Contempt. The Capilano complaints have even been slung at me for my posts asking for help on GoFundMe. Complaints for what?

But on Friday I got a Break:
My legal eagle persuaded Judge Dixon to allow me to make an Application to “vary orders” to get this Contempt pressure off me.

So I can breathe better and tell you what is happening and keep speaking up for the bees and the community.

Thursday 20 September the Application can be filed. 27 September Judge Dixon will then hear it for half a day. With all my supporters very welcome in court!


"Capilano top Sydney lawyers estimated their client’s have spent about $2 million already on this case! Sickening, I know. Think of all the honey bee product testing they could do instead. Like funding the Sunshine Coast Uni for NMR (Nuclear Magnetic Resolution) testing."


With community support I have raised (and now spent) over $30,000 to defend against the Capilano legal attack on me. As my lawyer wrote to the Court “there is a disparity of arms”. That’s for sure.


PLEASE HELP
It’s a big job to get the Application ready in time. This costs money for lawyers. I want to seize this chance. With your funding help!

Please send kind donations to:
Beethecure
Bendigo Bank
BSB 633000
Acc 153832084
PayPal https://www.paypal.me/Beethecure

GoFundMe
https://www.gofundme.com/48jlk4w

Sign the petition
goo.gl/BX7jCg

You can support your local beekeeper by buying local honey via the honeymap.
goo.gl/vfhcQs
+ Read More
Wow! The Beekeeper and Honey-eater world has gone from amber to red alert.

ABC and Fairfax have published a joint-investigation of Capilano accused of selling fake honey.

ABC: Capilano, Australia's biggest honey producer, and supermarkets accused of selling 'fake' honey
http://www.abc.net.au/news/2018-09-03/capilano-and-supermarkets-accused-of-selling-fake-honey/10187628

Capilano, supermarkets accused of selling fake honey
https://www.smh.com.au/business/consumer-affairs/capilano-supermarkets-accused-of-selling-fake-honey-20180827-p5000u.html

All this is happening while big company Capilano Honey Ltd is suing me in the Supreme Court of Victoria.

It’s a “Permanent Injunction” legal attack to try and remove what I have said publicly and not allow me to say anything like this again.

I don’t want to be in Court. I am the “defendant”.

I simply tried to speak up for the bees and the community in Australia.

Kind donations helped me pay lawyers to prepare the first part of a legal defence.

Supreme Court Judge Dixon has warned me that without paid lawyers I am “swimming with sharks without a shark cage” (his words!)

Yep that’s for sure. I’m in unfamiliar dangerous waters.

Having my own professional lawyers helps me fight back. This costs money.

I NEED HELP!
Please support me to keep funding a legal team and expert witnesses.

Judge Dixon says I will not get a JURY TRIAL if I do not have lawyers. And I want a JURY of common sense people in the community to decide this case.

Please share

Petition
https://goo.gl/BX7jCg

----------------------------

PREVIOUS POST:

Friday 20 July, I represented myself against big company Capilano Honey Ltd in the Supreme Court of Victoria.
I don’t have lawyers so did the best I could alone in the directions hearing and am allowed now to put in an updated defence by 24 August.

Judge Dixon warned me how ruinous litigation can be.

He didn’t need to tell me. I don’t want to be in Court. I am the “defendant”. I did not start this legal case.

I simply tried to speak up for beekeepers and honey eaters in Australia.

Capilano Honey is suing me to try and remove what I have said publicly and not allow me to say anything like this again. “Permanent injunction” in legal speak.

But I am not going away. I want to speak and not be stopped from speaking for the bees and the community.

Judge Dixon warned me that without paid lawyers I am “swimming with sharks without a shark cage” (his words!)

He is right. This case has been running for 2 years. I am doing the best I can and finally got permission on 30 May to have the case transferred from NSW to my home State of Victoria.

Capilano Honey is based in Brisbane, Queensland butstarted this whole case in Sydney NSW. As you can imagine there has been a whole bunch of highly paid Sydney lawyers stacked up against me.

Capilano said they would suffer all the inconvenience if the case was transferred to where I live in Melbourne VIC and I “will not suffer any inconvenience or additional cost by the proceedings remaining in Sydney”. The NSW Judge decided to totally reject that and said: “The uncontested evidence is that Mr Mulvany is the sole parent of an eight-year old child, the child’s mother being deceased. I do not understand how it could seriously be contended that it would not cause “inconvenience” for him to have to travel to Sydney for court.” She also said: “I do not understand why the interests of an unrepresented defendant and a young child should weigh less in the balance than the convenience of Sydney lawyers.”

You can read the NSW judgment HERE: https://jade.io/article/585693

So I got the case transferred! It’s a big win for me. But there are lots of challenges to keep defending myself. It’s all getting more complex and I need a shark cage and some shark repellent. This costs money.

Please share

Petition
https://goo.gl/BX7jCg
+ Read More
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