Gunns

Article by Jill Redwood, in response to the historic agreement which has reportedly been reached to save Tasmania's wild forests. The intention is to move loggers from the old forests into the plantation industry. The Age reported that "Parties to the talks, who all strenuously rejected the involvement of politicians in the negotiations, refused to comment before today's announcement." International markets for woodchips have been down for some time. Victorians might wonder, is the Tasmanian Green movement different from - and more really green - than the one identified with the Victorian "Green Brand" party? (See discussion below "Are the Greens a real alternative?".) Consider also that Environmentalist movements exist outside political parties and that we do not need political parties to make a difference if those parties do not serve us well. The following article is sourced from Jill Redwood. This 'teaser' is from candobetter.org Photos by Sheila Newman

Dot points on Tuesday 19th October 2010 Tasmania agreement announcement and implications for Victoria and beyond

(thanks to Luke for some of these figures).

· Gunns has seen the light and is moving into plantations only.

· Very courageous move by industry to get together with green groups and come to an agreement that helps everyone.

· Victorian industry can also follow suit – govt should help these negotiations along.

· Needed now more than ever – native forests logging is on down-hill run as:

o plantation products dominate the timber market,

o high Aussie dollar (and Asia still recovering from GFC) means export woodchip industry in steep decline,

o resource running out – forcing govt to move loggers into highly contentious areas = provoking conflict.

o Gunns – large company, has seen the future is not in native forests.

· Industry also agreed not to use native forest wood “waste” to burn for electricity – a major win.

Plantation option in Victoria is real.

· Plantations can meet 98% of our timber and woodchip/paper markets right now – meaning there is no excuse to continue clearfelling and industrial scale logging in native forests.

· Many new building products like compressed wood board and engineered lumber (flooring/craft wood/paneling/LVL etc) don’t require large diameter trees. General framing timber (scantling) is easily supplied by pine plantations. The small amount of feature grade hardwood timber that can’t yet be supplied by plantations (such as for high grade hardwood flooring and high quality panelling) can be provided by alternate and engineered wood products, recycled hardwood or carefully selected trees from native forests (but not clearfell logging).

· The logging industry is in terminal decline in East Gippsland with employment being less than 1% of the region’s total workforce. The rest of Eastern Victoria is similar – and even Maryvale paper mill is 80% plantation based. Not difficult to get them out of Central Highland’s forests.

To ensure secure employment, the industry needs to:

1. Retool their mills to process plantation wood (from Tumut NSW, Sth Gippy or NE plantations).

2. Receive govt assistance to relocate workers and families to the plantation areas of Western Vic. where the plantation companies are actually importing workers from overseas to fill the employment gaps in logging.

3. Take exit packages and be assisted into other areas of employment.

In Victoria we take 1.9 million tones of native forest wood out every year. Of that, 1.5 million tones is pulplogs – all of which is 100% substitutable with plantation wood.

Of the other 400,000 tonnes that are sawlog trees, the are used for pallets, roof battens, fence palings, crossbars on power poles, subfloor bearers - all are easily substitutable by plantation wood and other products.

The 1-2% used for high quality appearance grade furniture, paneling etc could still be taken from native forests if very carefully selected and used. Clearfelling thousands ha is now unnecessary (never was needed until woodchipping dominated).

1986 – NIEIR reported on the projected impacts on the new parks in East Gippy (LCC recommendations). They calculated that unless govt altered their policies there was no future for the industry. They recommended reduction in the take of logs from around 360,000m3 a year of sawlogs (not counting woodchip logs) to 70,000 m3 to ensure sustainability. But government and industry continued cutting at 280,000 through all 1990s and 110,000m3 average in the 2000s).

(In 2002-03 - 191,000m3 sawlogs, in 2003-04 - 135,000m3, 2004-05 – 122,000m3, 2005-06 - 106,000m3, 2006-07 - 91,000m3, 2007-08 - 99,000m3 sawlogs. Plus about 350,000m3 of pulplogs as well. Clearly overcutting – ‘cut-out and get-out’ mentality has ruled the industry and govt)

85% of trees taken from native forests ends up as woodchips. Criminal.

Small 2% of high grade timber can be taken from selectively logged trees off public land while hardwood plantations are established (20-25 years). Some hardwood plantations for pulp could already be used for this if managed for sawlogs and milled in a particular way.

Western Vic plantations is where it’s mostly at – ABARE figures show that up until 2007-08 – only getting 0.5million tonnes m3 of plantation hardwood chips – but this year these plantations are supplying 4 million tonnes! The wall of wood has hit us from plantings in the 80s and 90s.

Western Vic plantations companies (Gunns, Australian Blue Gum Plantations and ITC) are importing jobs from OS to log the plantations! Plenty of scope for helping relocate Eastern Vic logging workers into secure jobs there.

Jill Redwood
Coordinator
Environment East Gippsland Inc
(6800 Bonang Rd Goongerah)
Locked Bag 3
ORBOST Vic 3888

Ph (03) 5154 0145
www.eastgippsland.net.au

Gunn's chairman John Gay abandoned triple bottom line principles for a means to achieve ends strategy.

John Gay's departure was of his own making. He ignored stakeholders - ordinary Tasmanians who value their forests. He labelled them conveniently 'Greens', directed unlimited company resources to try to legally intimidate them.

In January 2009, Gunns was distracted suing Tasmanians protesting at its Triabunna woodchip mill trying defend Tasmania's old growth forests.

During the rest of 2009, the GFC and other factors such as its key export markets declining hadn't helped Gunns' share price. On 20th November 2009 Gunns announced its plans to acquire Great Southern. This sent an optimistic signal that Gunns was consistently profitable investor in its 'big player' role in forestry, pulpwood and plywood.

But in December 2009 Gay unloaded 3.4 million shares at an average price of more than 90 cents each. Then in February, Gunns stunned the market when it announced a first-half profit of only $400,000, dramatically below what had been expected.

IMF has commenced a class action against Gunns alleging Gunns has engaged in misleading or deceptive conduct and breached its continuous disclose obligations between August 31 and February 22, 2009.

Now Gay claims it was all the fault the Greens. Sounds like Gay is trying to keep the logger faith, even though many have shares in Gunns.

The collapse of Great Southern and Timbercorp were because they were dodgy tax avoidance schemes caught by the tax office as such. Timbercorp was always a poor investment because it was predicated on promises of misleading gains from tax deductions. Investors were spruiked to borrow to invest on the assumption the interest rate on the borrowings would be offset by after-tax returns. Timbercorp was about profit on false pretenses. It was nothing about long term investment in sustainable forestry plantations. But it has given plantations a bad name.

Great Southern was similarly based upon investors seeking a tax break investing in blue gum plantations on the promise that when the trees grow they will make money and also get a tax break. Poor investment regulation and poor management have also been blamed.

Former Gunns chairman John Gay and former Premier and Gunns board member Robin Gray are leaders of a colonial prejudiced Taswegian culture that has exploited Tasmania at the expense of ecological, social and economic consequences. Such a backward culture deserves to be pulped.

Gunns has not only lost its pulp mill business, it is selling off its original hardware business to Woolworths' owned Danks for $40 million (24th May 2010). Under the agreement, Danks will acquire Becks Timber & Hardware business and five Gunns stores, one timber joinery centre, a truss manufacturing plant and a support office.

Gunn's tyrannical empire is crumbling.

Last month, 30 January 2010, Tasmania's infamous corporate logger, Gunns Ltd, dropped its multi-million dollar defamation suit against environmental activitists protesting against its immoral pulp mill logging threat to Tasmania's old growth native forests.

On 29th January 2010 in the Victorian Supreme Court, before trial Gunns dropped its libel claim against the remaining 13 Tasmanian environmental activists and agreed to pay cost of $155,088 to the Huon Valley Environment Centre and local activists Adam Burling, Lou Geraghty and Brian Dimmick, who protested against the logging of private land near them.

Gunns company secretary Wayne Chapman justified the decision purely as "a commercial decision to avoid the need for a lengthy and expensive court case" saying the case had cost Gunns $2.8 million thus far in legal fees. [Source: 'Gunns payout ends case' by Andrew Darby, 30-Jan-2010].

Senator Brown said the pay-off to the last four defendants amounted to utter defeat for the company.

Gunns' defamation action was a blatant bullying attempt to silence and bankrupt its critics over Gunns immoral environmental destructon of Tasmania for selfish profit. Gunn's corporate bullying action has been appropriately likened to the unethical McLibel case in London in 1989 in which unethical multinational McDonald's Restaurants threatened to sue more than fifty organizations for libel over bad publicity about food poisoning, unpaid overtime, dodgy recycling claims by McDonalds misleading. The infamous law suit was labelled as Strategic Litigation Against Public Participation.and McDonalds stooped so low as infiltrating London Greenpeace and having sex with its staff to gather evidence.[Source]

"In all, the case probably cost Gunns over $4 million — and a lot of bad publicity. It was here that a key precedent was set: a political precedent."

"The whole case generated plenty of bad publicity for Gunns, it damaged their corporate reputation and worked to reignite the corporate campaigning that had triggered the original suit. Forest conservation groups in Japan, Europe and America began campaigning against Gunns' logging practices and targeting Gunns' customers in those countries, while the pulp mill itself became mired in controversy.

Gunns had little social licence left when the global financial crisis sabotaged early attempts to finance the biggest pulp mill in the southern hemisphere — even their bank, ANZ, agreed with critics of the pulp mill and declined to finance it. Gunns' current preferred partner in the mill, the Swedish pulp and paper company Sodra Ltd, is putting conditions on its involvement which will require Gunns to pursue a new model of engagement with the community. It is unlikely that this new model includes suing environmentalists.

The pressure of bad publicity, the risk to the pulp mill project and a court case with little left in it over a protest which took place seven years ago all combined to force Gunns to pull out of the case on the eve of the trial. Gunns stated that this was a "commercial decision to avoid the need for a lengthy and expensive court case". But it was always going to be a lengthy and expensive court case. The fact that Gunns agreed to pay a substantial sum to the defendants to end the case shows the pressure the corporation was under. It was, as a judge described the dropping of claims earlier in the case, a capitulation.

Gunns are still suing 13 other activists in an unrelated case after a protest at Triabunna woodchip mill in December 2008, but, like the Gunns 20 case, it seems unlikely that this case will ever get to court. Rather than dragging out proceedings unnecessarily — only to make another "commercial decision" — Gunns should take another step toward rebuilding its corporate reputation and settle this case."

"The settlement of the Gunns 20 case was a huge victory for those who support free speech and the protection of Tasmania’s environment. The world needs to know, however, that Gunns continues to sue Tasmanians who oppose their environmental vandalism,” said Gunns 13 spokesperson Warrick Jordan.

“The Gunns 13 are still being sued. While Gunns continue to sue ordinary Tasmanians, and continues to destroy High Conservation Value forests, their hopes of being seen globally as a good corporate citizen are a hollow fantasy.”[Source: Greg Ogle, 5-Feb-10, New Matilda]

For a synopsis of the case visit The Friends of Forests and Free Speech

Gunns' arrogant standover attitude is akin to the current Chinese junta engaging in standover tactics to dominate resource markets.

If Gunns desires to earn the right to be an Australian corporate citizen and continue trading in Australia, itt needs to rethink its arrogant attitude and comply with Australian civil, moral and environmental standards. Else its bullying will drive its Neanderthal narrow thinking into extinction. Then so like the demise of the cannibals in the film 'Van Diemens Land, this would be a good thing for Tasmania.

Following Gunns' complete abandonmment of its case which has tied up 20 Tasmanian anti-logging campaigners and their supporters for up to five years of their lives, Victorian Greens parliamentarian Sue Pennicuik MLC called for the Victorian Government to introduce legislation to prevent corporations from ever again similarly abusing the courts with Strategic Litigation Against Public Participation (SLAPP) suits to harass citizens who organise against their environmentally destructive projects.

Protest outside Gunns 2008 AGM

"More than five years has passed since Gunns issued their terrible writ against the 20 defendants", Ms Pennicuik said. "Now, on the eve of going to trial, Gunns Ltd has pulled the pin and opted to pay out the remaining four defendants, rather than go to trial".

"It is clear now that there was never any chance of Gunns winning in court, the writ was simply a cynical strategy to tie up the defendants in a protracted legal action to prevent them from speaking out in defence of our native forests", she said. "It has been a mentally and financially exhausting ordeal for the defendants".

"Now is time for all states and territories to adopt anti-SLAPP (strategic litigation against public participation) laws similar to those already in place in the ACT and in US states such as California and Illinois to prevent such an action ever getting that far again", she said.

"Anti-SLAPP laws empower a judge to dismiss a case if he or she considers that the court is being misused for an ulterior non-legal purpose, i.e. to stop protesters from protesting", she said. "Powerful companies should not be able to use our courts to effectively silence community protest or participation in issues that affect their lives".

"I call on the Victorian Attorney-General, Rob Hulls to prepare anti-SLAPP legislation for Victoria to prevent abuse of the court system by corporations in an effort to silence their critics", she concluded.

For more information: Sue Pennicuik 0409 055 875

Adapted from media release originally published as "Gunns case shows we need anti-slapp laws in Victoria" on the Victorian Greens MPs web site, mps.vic.greens.org.au.
See also: "Gunns urged to drop 'Triabunna 13' case" of 3 Feb 10, "Gunns 20 in the dust" in the Hobart Mercury of 30 Jan 10, "Gunns settles with last pulp mill opponents" in the Australian of 30 Jan 10, "Gunns abandons legal chase" on ABC online of 30 Jan 10, "Gunns payout ends case" in the Age of 30 Jan 10.

A Gunns' woodchip mill at Longreach in Tasmania

Is the final nail in the coffin for the proposed Gunn’s Tasmanian pulp-mill an economic one?

Tasmanian mills are closing down left, right and centre.

In
“Gunns shuts chip mills”, The MercuryFeb 20, 2009, Nick Clark reports,

“The Long Reach mill will shutdown next week and every Friday until the end of April. The Triabunna mill is closed from midnight tonight until March 9. After that it is closed for a series of Fridays as well as the week of April 10-17. The Hampshire mill at Burnie has had an additional week shutdown added next week and a four day week until the end of April. Tasmania Forest Contractors Association chairman Rodney Bishop said some contractors were carrying as little as 40 per cent of their normal quota.”

Japan doesn't want woodchips now due to the downturn and dropping paper and packaging sales. But, the Japanese company, Nippon, has just bought the Latrobe Valley's Paperlinx factory. It seems like a very risky purchase - even if they got it dirt cheap.

A Buyer’s market or a Fire-sale?

Or is this the same buyer’s market that sees the Chinese making offers for Australian mines, caught in the downturn after overly leveraging on projected growth?

Australians should keep our opportunistic government and Foreign Investment Review Board vigilant not to give in to a fire-sale here. Closing down these unviable industries is what should happen. It should have happened in the 1860s. Let’s encourage these refractory industries to invest in the health of forests by leaving them alone.

Ominous move on Victoria’s protected water catchments

Paperlinx at Maryvale lost a huge chunk of it's 'resource' (trees) in the Victorian bush-fires. At the same time there has been a renewed push by the logging lobbyists to get into Melbourne's catchments, which have been closed to them up until now.
The move to get into our last few protected water catchments is ominous and should not be granted by government.

Victorians should be vigilant about any claims by the logging industry that they are performing a social service of salvage logging and making these areas more accessible for fire trucks.

No fire-sales please

We already know that the worst hit areas in the fires were the logged and wood-chipped ones. On that basis, to let the loggers in to relatively intact forest would be tantamount to increasing Victoria’s fire danger.
Keep an eye on this one and scream loud and long if you get the chance.

Illustration by Gustave Doré for of Jean de la Fontaine's fable of La Mort et le bûcheron

Wood-chip prices way down

On Saturday, February 21, 2009, the Daily Timber News announced a significant down-turn in the wood-chip industry. Defenders of biodiverse old-growth forests are watching closely as events unfold. It is of course not pleasant for people employed in the industry.

Apparently the Japanese pulp industry, up to now faithful through thick and thin, is losing its appetite for pulp. Last year (2008) Australia supplied Japan with the most hardwood chips (36%) in a year when Japan imported “a record 12.3 million BDMT's of hardwood chips”, according to the Daily Timber News.

Surprisingly, the Daily Timber News links the fall in wood-chip imports to the fall in production of “cars, machine tools, electronic goods and mobile phones.”

How so?

Well, all these products “require thick paper manuals,” the report explains.

A number of Japanese pulp mills have substantially interrupted their production. New technology may also be a factor, and the recycling of fibers. [Ed. Does this refer to wood-fiber or something more durable, since wood-fibers are short and recycle poorly?]

Demand may also fall dramatically from China. The industry was anticipating strong growth there because of plans to build more pulp mills and increase capacity in those already built, but these plans are now on hold.

Where to now?

People concerned about the destruction of forests are hopeful that the industry may give up on wood-chipping now. There is a conference coming up which will look at “investigating the possibility of timber concerns investing in the carbon-offsetting trading,” in the light of these declining trends in softwood and hardwood woodchip trading.

The woodchip industry is now facing a huge drop in prices for its chips. It has always operated at a net financial cost to Australians, many of whom have wondered why on earth it has continued for so long. Will the State governments that have for so long protected the woodchip industry try to make Australians pay even more to keep it going? Seasoned conservationists are probably waiting until the fat lady sings.

About the illustration

The illustration by Gustave Doré for of Jean de la Fontaine's 17th century fable of La Mort et le bûcheron (Death and the Woodcutter) might be peculiarly apt. The poem is about an ancient woodchopper, bent over under a huge burden of wood. He is on his way home to his filthy hut and every step is agony; not only from the weight of the wood on his back, but from the weight of his years. Overwhelmed by his problems, he drops his load of wood on the ground and contemplates his sorry predicament. Unable to pay taxes, he must harbour soldiers; he often cannot afford a loaf of bread; he must toil endlessly for his wife and children; he cannot remember any happiness since he came into the world. He decides to call Death for a final solution to his problems. Death comes as soon as She is called, and asks, "What do you need me to do?"

At this question, surprisingly, the Woodcutter says, "I want you to help me lift up this load of wood and get it on my back again. Don't worry, I won't keep you here long."

The moral of this poem is that humans usually prefer to go on doing the same thing, despite the suffering it causes them, than to change. One would hope this were not so for the woodchipping industry.

La Mort et le bûcheron

Un pauvre Bûcheron tout couvert de ramée,
Sous le faix du fagot aussi bien que des ans
Gémissant et courbé marchait à pas pesants,
Et tâchait de gagner sa chaumine enfumée.
Enfin, n'en pouvant plus d'effort et de douleur,
Il met bas son fagot, il songe à son malheur.
Quel plaisir a-t-il eu depuis qu'il est au monde ?
En est-il un plus pauvre en la machine ronde ?
Point de pain quelquefois, et jamais de repos.
Sa femme, ses enfants, les soldats, les impôts,
Le créancier, et la corvée
Lui font d'un malheureux la peinture achevée.
Il appelle la mort, elle vient sans tarder,
Lui demande ce qu'il faut faire
C'est, dit-il, afin de m'aider
A recharger ce bois ; tu ne tarderas guère.
Le trépas vient tout guérir ;
Mais ne bougeons d'où nous sommes.
Plutôt souffrir que mourir,
C'est la devise des hommes.

(pulp mill effluent image on front page is from http://www.surfrider.org/srui.aspx?uiq=a-z/pulp_mills)

Population numbers
Decidedly, the Federal Environment Minister, Peter Garrett, is proving a substantial disappointment on some major environmental group concerns. As President of the Australian Conservation Foundation he infuriated Australians who were concerned about too much population growth in this country by heading an organisation which refused to voice their concerns and failed to uphold its own constitutional policy on population, but would act as if it was representing the Australian public and ACF constitutional values in this matter.

RAMSAR Wetlands
Since becoming Environment Minister, Garrett has outraged the Blue Wedges, a substantial environmental movement in Victoria, centred around the health of Port Phillip Bay because of what they see as his abject failure to protect the bay, including its RAMSAR wetlands areas, and his failure to meet his obligations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Act to consider sustainability principles – including intergenerational equity.

Intergenerational Equity

"How," asks Blue Wedges, "can it be equitable to future generations of humans - and all other species for that matter- to leave a legacy of a toxic dump in the Bay, 60 times larger than the Hattah Nowingi site near Mildura? It is worth remembering that in 2006, the Mildura site was rejected, first by the community and then by an independent planning panel."

EPBC Act
Australian wildlife campaigners had hoped that Garrett in government would intervene to make the EPBC Act more effective. Instead he has relied upon its inherent weaknesses to support more development in and destruction of important environments around Australia. Environmentalists, many who elected him, have found his performance bitterly disappointing. (The Act had never been very strong but had been further watered-down by the Howard Government in 2006 amendments.)

Murray Darling Basin

And his failure to intervene in the Murray Darling Basin South Australia crisis has provoked disgust. Here, as with Port Phillip Bay, RAMSAR wetlands and fragile marine ecosystems are threatened.

The Arts

Yesterday, The Age reported that Garrett, as Minister for the Arts has let down the arts community badly, defending the Rudd Government’s 3.25% funding cut to small public sector agencies, such as the National Gallery of Australia, National Library of Australia and the Australian War Memorial. See: http://news.theage.com.au/national/cultural-institutions-get-enough-money-20080825-41xf.html

Broad agreement that Garrett is a dud

In short there is broad agreement that Garrett is a dud – although calling someone a dud is likely to have one ejected for the House of Representatives (ABC PM tonight – 26-8-08) …..It seems even parliamentary privilege is no protection for robust criticism any more - So much for freedom of speech in this fair land!

Green Senator denied CSIRO research report on Gunns Pulp Mill

On the 21st of August, Senator Christine Milne strongly criticized Garrett’s failure to supply her Freedom of Information request for a CSIRO research report from a member of an independent expert group which has the task of reviewing material submitted by Gunns pulp mill.

Query about pulp mill effluent dumping

According to her press release of 21-8-08, Senator Milne believes that the report relates to “Gunns’ intention to dump 64,000 tonnes of effluent into Bass Strait per day and the probabilities of it exceeding the allowable effluent concentration.”

Garrett's department mired in process?

On 22 August, Garrett, in an ABC Radio National Breakfast interview with Fran Kelly Garrett seemed basically to be saying that his department would not release the report Milne was complaining about because the material in it had not been verified and because there was a process whereby Gunns could be asked to supply more information to clarify the material in the report. One wonders if Garrett was being circumspect because of the possibility that Gunns (famous for having pursued 16 individuals - including Green MPs Bob Brown and Peg Putt - and four green organisations - including the Wilderness Society - for a total $6.3 million damages arising out of protests and campaigns against the company) could sue for defamation if a report led to financial losses and could be shown to be knowingly premature or incomplete.

Senator Milne seems to be indicating in her complaints, that she believes that the report must already be adequately informed.

Deadline for Gunns

In the interview with Fran Kelly of the ABC it was made clear by Garrett that Gunns has until October 4, 2008, to finalise its input into the Government's assessment process. It sounded like Garrett might well give Gunns more time if it requested this.

Both Senator Milne, in her 21 August press release, and Fran Kelly in her 22 August interview with Garrett, described Gunns' as if they were in severe financial difficulty and as if the question of the amount of discharge they might be contemplating was the focus of much speculation in the business community.
Senator Milne: “With Gunns stock in freefall, and rife speculation in the investment community as to the content of scientific studies, this is not the time for the Government to prioritise Gunns’ commercial interest over the public interest."

Fran Kelly: "Yesterday, shares in Gunns were at an eight year low, in fact placed in a trading halt while the company goes out seeking this funding. In the last few weeks doubts have been raised about the future of the pulp mill. Leighton Holdings boss, Wal King, says it will never be built and there are some reports that even the new Tasmanian Premier, David Bartlett is sceptical."

This kind of comment about Gunn's financial situation should, one would think, tend to alleviate any anxiety Mr Garrett might have about the possibility of defamatorily prejudicing Gunns' business outlook by the release of more information.

Milne: Since when does an environment minister protect the interests of big business over those of the public?

Garrett's close-lipped approach on this matter does seem to lend weight to the relevance of Senator Milne's question:

“Since when has the Commonwealth Environment Minister seen himself as the protector of the interests of big business at the expense of the environment and the public interest?"

Changes to defamation laws

For many years it was extremely difficult for the Australian press to report clearly on financial matters because of Australia's defamation laws, which did not support truth in reporting and which could lead to extraordinary costs in court. In those days, even if what you said about a company was true, if that company lost money over your revelation, you might lose any case they brought against you for defamation. This problem is well treated at the end of Trevor Sykes, The Bold Riders, Allen and Unwin, Australia, 1996, for anyone who would like to know more. (Trevor Sykes writes for the Financial Review as Pierpoint.)

Since 2006 these state laws have been largely harmonised and made much more reasonable, with truth a very strong defense and the public interest a non-qualifier or at most a minor qualifier. There are also limitations on costs and processes (articulated or implied through precedent) to increase motivation to mediate rather than to sue. The very unpopular Howard Government immigration minister, Philip Rudd, was responsible for placing pressure to free up these laws in favour of public expression.

Article written by Sheila Newman with Jenny Warfe