On 27 August there was a hearing in the Supreme Court about the orders that were made on 18 July. The lawyers for the Tecoma 8 argued that the Court did not have the power to make orders binding the people in Groups A and B. McDonald’s argued that these orders were valid, and should be extended to cover anyone who has trespassed onto their property, or who has impeded the access of workers or vehicles to the site, between 18 July and 26 August.
The judge found that there were complex legal issues involved, and that he needed more time to consider the matter. He will be making his final decision on 20 September. In the meantime, he extended the current orders (covering Groups A and B) to 4:00pm on 20 September. He also created two new groups:
- · Group C (the ‘Trespass Group’): This group covers people who trespassed onto McDonald’s land between 18 July and 26 August.
- · Group D (the ‘Nuisance Group’): This group covers people who impeded access to McDonald’s land by workers or vehicles between 18 July and 26 August.
There is no real difference between Groups A and C except for the dates. Group A covers people who trespassed between 1 – 17 July and Group C covers people who trespassed between 18 July – 26 August.
Similarly, there is no real difference between Groups B and D except for the dates. Group B covers people who impeded access to the site by workers or vehicles between 1 -17 July and Group D covers people who did the same between 18 July and 26 August.
Below, have revised the answers to the frequently asked questions we previously posted, to reflect these changes. These answers should not be considered legal advice. If you have any concerns about how these orders affect you, you should see a lawyer.
Who do the orders apply to?
The orders only apply to 3 groups of people:
- The 8 people named in the orders (the ‘Defendants’ or the ‘Tecoma 8’).
- Anybody who entered the McDonald’s site, without their consent, between 1 July and 26 August 2013 (Groups A and C).
- Anybody who impeded the access of workers or vehicles to the McDonald’s site between 1 July and 26 August 2013 (Groups B and D).
If you are not in one of these groups, then these orders do not apply to you.
Who exactly is in ‘Group A’ and ‘Group C’?
Groups A and C are the people who have actually trespassed onto McDonald’s land between 1 July and 26 August. For example, it includes the people who have been on the roof of the property between those dates.
It does not include:
- · People who have simply been protesting outside the site.
- · People who have drawn on the hoardings or thrown things onto the site.
- · People who have trespassed onto the site before 1 July or after 26 August.
Who exactly is in ‘Group B’ and ‘Group D’?
Groups B and D are the people who have tried to prevent people or vehicles from entering the site between 1 July and 26 August. For example, it includes people who have stood in front of trucks when they tried to enter the site.
It does not include:
- · People who have simply been protesting outside the site.
- · People who have simply been standing at the gate encouraging people not to enter the site.
- · People who try to prevent entry to the site after 26 August.
What are the ‘Trespass Group’ and the ‘Nuisance Group’
For technical legal reasons, the Court chose to call Group C the ‘Trespass Group’ and Group D the ‘Nuisance Group’. These are simply legal terms that describe the behaviour already captured by Group A (‘trespass’) and Group B (‘nuisance’). They do not extend the scope of the orders in any way.
What happens if I am in Groups A to D?
If you are in Group A, B, C or D the orders say that until 4pm on 20 September 2013 you must not:
- Enter the site, the vacant block next to the site (the community garden), the driveway beside the site or the footpath in front of the site. Any entry to these places is strictly prohibited.
- Physically interfere with the site in any way, or with McDonald’s right to possess the land.
- Abuse, threaten, harass, intimidate or harm anyone at the site, or who is trying to enter or leave.
- Throw anything into the site (or attempt to do so).
- Damage or interfere with the fence, gate, lock or posts (or attempt to do so).
- Damage or interfere with any vehicle (or its contents) which is entering or leaving the site (or attempt to do so).
- In any way prevent, hinder or interfere with the free entry or exit from the site.\
- Enter the section of the Burwood Highway in front of the site for the purposes of doing any of the things listed above. You can use the Burwood Highway for any other purposes.
- Do anything for the purpose of causing someone else to do any of the things listed above.
If I am in Groups A to D, what can I do?
If you are in Groups A to D you can continue to protest against the development in any way that does not breach the orders listed above. For example, you can:
- · Peacefully protest outside the prohibited areas (e.g., across the road);
- · Talk to the media about your opposition to the development, and the impact it is likely to have on Tecoma and the Dandenong Ranges;
- · Post your opposition to the development on social networking sites such as Facebook;
- · Write to McDonald’s expressing your opposition to the development and the actions they have taken.
- However, when expressing your opposition to the development, you must be careful not to advise or encourage people to do any of the things listed above. For example, you must not actively encourage other people to trespass onto the land, or to impede access to the site.
What happens if I disobey the orders?
If you are in Groups A to D and you disobey these orders you may be charged with contempt of court. Possible penalties include fines, imprisonment or loss of your property.
What if I am not in Groups A to D?
If you are not in Groups A to D then these orders do not apply to you. That means you have the same freedoms to protest that you had before these orders were made.
You should be aware that if you trespass or prevent entry to the site, you may face criminal or civil sanctions. For example, it is possible that McDonald’s may issue further injunctions against people who trespass or blockade.
When do the orders end?
The orders are currently due to end at 4:00pm on 20 September 2013. This is because the judge is due to give his final orders on that day.
What is happening with the damages case against the Tecoma 8
McDonald’s must file their ‘statement of claim’ with the court by 4:00pm on 6 September 2013. This will set out the amount of damages they are trying to recover from the defendants. The case which decides whether or not McDonald’s is entitled to recover any money from the Tecoma 8 (or anyone else) is unlikely to be heard until some time next year.
Can I be added as a named defendant to the current case?
If McDonald’s is able to identify you as having trespassed onto the site, or having impeded access by workers or vehicles, they are able to add you to the group of 8 defendants named in the legal case. You may then be subject to the same risks of damages as the Tecoma 8.
