Off to the High Court (twice)

Yesterday I filed an application in the High Court appealing the full Federal Court’s judgement that it was lawful for the Chief of Defence Force to sack me for my conservative political beliefs.

We now wait for the High Court to grant leave for an appeal or to reject the application. I am hopeful that the appeal will proceed and I remain confident of success.

I issued this press release yesterday:


5 APRIL 2015


Today I filed an application in the High Court seeking special leave to appeal the Full Court of the Federal Court of Australia’s judgement that it was lawful for the Chief of Defence Force to sack me for my political communications.

Writing about this case yesterday in Fairfax media, employment law specialist, John Wilson, noted that this case had significant implications for all public servants. 

He also identified the reason this case must be fought, stating:

“There is something deeply unsettling about the government seeking to regulate an individual’s views, whether public servant, army reservist or ordinary citizen.”

Indeed there is. That is why I have fought this case.

I thank my legal team and all those who have assisted me to get this far.


The Canberra Times article covering this case can be read here. It highlights the implications this case will have for all public servants. I believe it goes much further and will have ramifications for all workers in Australia. Essentially, it will set an important precedent deciding whether workers give up their political freedom and hand over their allegiance to the ‘corporate line’ when they go begging for a job.

And with news over the last week that big business is also seeking to force workers to wear ‘same-sex marriage’ rings, it is clear that we are facing a form of political slavery in Australia.

Yesterday I also filed a response to a number of appeal applications lodged in the High Court by Garry Burns, New South Wales and the New South Wales Attorney-General. This matter will decide whether New South Wales can use its draconian anti-discrimination laws against anyone in Australia.

Again, I remain confident that we will win this case and defend the ruling we obtained earlier this year in the New South Wales Court of Appeal.

Both of these matters are symptoms of a growing disease we face in Australia: totalitarianism. Under the guise of anti-discrimination laws, activists have high-jacked the public service, Defence and big business to push their anti-freedom agenda.

As Stephen Chavura writes in today’s Australian newspaper, it doesn’t really matter what the laws say if totalitarian activists deny freedom in other ways. And he highlights an important point. It is the ordinary citizen who decides if this freedom will be taken from them via cultural oppression:

What’s the difference between a repressive totalitarian state and a state with liberal democratic laws whose citizens do not respect the freedoms that such laws guarantee? Nothing.

A country can have the most liberal freedom of speech and association laws in the world, but if its citizens are not animated by the spirit of the laws, if they do not believe in them, then these laws are a dead letter…

…And that’s the distinction on which we need to be clear: between the right to freedom and the ability to enjoy that right. Only politicians can curtail our rights to freedom as embodied in our laws. Yet our fellow citizens can make sure that those rights are more costly to enjoy — so costly that we cannot afford to enjoy them.

That’s precisely what is happening in Australia with Hirsi Ali’s aborted speaking tour, not to mention pro-traditional marriage conferences across the past 18 months where citizens have tried to intimidate venues into cancelling contracts to host events.

Yes, the right to freedom of speech still exists, but the cost has become too high for speech that falls foul of Muslim and LGBTI identity politics.

We cannot allow freedom to be stolen from our children by remaining silent today. That is why we must continue this fight. I thank you for your ongoing support and generosity. Without your assistance we would not have an appeal application sitting in the High Court, nor would we be able to defend the victories we have already achieved.

This website and the many readers who support it are at the forefront of this fight for freedom today. While many conservative groups are doing important work writing about these issues, organising petitions and raising awareness, this army is out on the battlefield directly involved in the fight. I believe we have done more than any other group to defend freedom in the courts while the politicians prattle on in the parliaments.

I am proud of our achievements and believe there is much more to come: we are not silent or inactive; rather, we are vigilant and we have already proven that when we act we can win. This is the most pleasing thing about our efforts. It provides hope to the many who have lost it and believe that nothing can be done to turn the tide.

Nothing is further from the truth. We can win. The only barrier between our current position and victory is our own willingness to act.

Author: Bernard Gaynor

Bernard Gaynor is a married father of eight children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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