Campagnolo outraged by court order
UPDATE
Ken Campagnolo has informed the Star he is continuing his case against Benalla and District Football League on Monday, April 27, appealing the orders given by Justice Daly on April 3.
Campagnolo said he was disappointed after the April 3 decision, but is determined to finish what he started until he finds justice.
I won’t finish until all stones are unturned and I will fight and fight this until I get to the bottom, he said.
Sacked bisexual football trainer Ken Campagnolo has hit what he says is the final brick wall in his attempts to seek justice for his discrimination claims.
Campagnolo made an application to the Supreme Court on April 3 to contest a strikeout decision upheld by the Victorian Civil and Administrative Tribunal (VCAT) in February in favour of the Benalla and District Football League.
The application was dismissed by Supreme Court Associate Justice Melissa Daly and Campagnolo has been ordered to pay the league’s court costs, amounting to around $15,000.
Campagnolo took the application to the Supreme Court over a point of law under the state’s Equal Opportunity Act.
Legally unrepresented in the VCAT hearing, Campagnolo claims he was unaware he could make a case under another section of the Act, Section 65, which states a person must not discriminate against another by excluding them from participating in a sporting activity.
VCAT struck out Campagnolo’s claims the Benalla and District Football League had breached Sections 98 and 102 of the Act because Campagnolo could not prove he had been employed by the Bonnie Doon Football Club.
According to reports, VCAT senior member Noreen Megay said Campagnolo’s case against the Benalla and District Football League and the Bonnie Doon Football Club did not have a scintilla of credibility.
Campagnolo has claimed the Bonnie Doon Football Club sacked him as a trainer after his bisexuality was revealed.
Leaving dejected from the Supreme Court after losing the application, Campagnolo signalled an end to his legal battles.
There is no justice in Australia, Campagnolo told the Star. I got a fine for being bisexual.
Campagnolo said he had given up on the remaining VCAT case against the Department of Sustainability and Environment.
Campagnolo has taken out 12 cases for discrimination against organisations including the AFL, VFL, Benalla and District Football League, Bonnie Doon Football Club and the DSE and has been homeless intermittently after his house was repossessed last year.
He has until June 15 to make the payment.
Have we lost something here? Does the harm caused to Mr Campagnolo mean nothing? Is he not the one who was harmed by Mr Kennett’s reckless, vicious comments? Is he not the one who should be compensated? As a gay and lesbian community, why have we been distracted by this ‘public interest’ blather? Human rights mean nothing in the public interest if our individual gay and lesbian brothers and sisters, in this case Mr Campagnolo, should be so ruthlessly attacked without any recourse to justice.
Merlot if you are part of a organisation you should have a little courage and put your name to your comment.
I may not be part of your organisation but at least I have the courage to stand up for myself and our community.
Using a stage name (Merlot) resembling a $8 bottle of red plonk hardly lures any respectability from me.
As Bette Davis said,”no guts no glory”.
Gary, you are wrong – I am part of a community organisation.
Organisations are accountable.
They are not about an individual.
Your activities are not accountable to anyone. And you derive great pleasure by goading and provoking people in the community…including Ken Campagnolo.
Gary, with respect your previous efforts involved big players – John Laws, Steve Price and Lucy Turnbull. People who could look after themselves. But now you are dragging along Mr Campagnolo, who has had an awful run.
He has made it clear you are causing further harm. Ken, a part of our community, is not there for you to judge as expendable.
Paul the annonymous ranters on here do not know Victoria has no Anti-Vilification protection in its AD act.
Victoria also does not have Clover Moore MP.
It was Clover Moore who successfully gave the homosexual community its protection when she had the balance of power in the Parliament in 1993.
I will continue pissing off those who use our community to imply we are predators and perverts.
All I am doing is using the legislation to its advantage.
Merlot what are you doing to stop intolerance & hate ?
Probably nothing !
What in 2009, Victoria has NO anti-vilification legislation you have got to be kidding me???? You are correct anyhow. I recently written to the Victorian Government regarding a lack of anti-vilification laws, and that there needs to be anti-vilification laws in Victoria. I still have not recieved a response yet from the Victorian Government regarding proposed anti-vilification legislation (on the same model as NSW).
Gary how do you keep doing it…pissing people off…do you not notice there is a pattern here? Cease and desist, you may not be happier for it, but the rest of us will be.
Thank you for your comment Mr Campagnolo.
I will stay clear of you and your losing cases.
I will instruct my lawyers to ensure your name is not mentioned in any future litigation against Mr Kennett.
You seem irrational to me !
Mr. Burns it is you that keeps bobbing up everywhere whenever my name appears somewhere in the media and making comments.
You are doing yourself no favors by throwing hand grenades across the border at me.
The only reason I have asked you to join in an offer advice in the fight for all human rights. Is if you were genuine in helping the GBLTQ you might like some input instead of big noting yourself an constantly commenting on issues that you say you have no interest in.
If you do see anymore articles or press comments about me please keep your thoughts and comments to yourself, as I consider you to be only stirring up trouble.
You have refused to have any input into the fight for human rights as part of a team effort. It should be considered that you also intend not to have any further comment in the media in relation to any of my cases. If you do we will all know you are only their as a constant sensationest and repeat shit stirrer.
I shall go on the defensive in relation to you from now on. An state you have no interest in any of my cases. You keep commenting on me and my cases. It has nothing to do with you. And that any further comments from you are only an attempt at self inflation from you. As you speak on matters you know nothing about.
Feel free to take mr jeff Kennett to task about his comments and the gay community but not at my expense thank you.
If you had of been a reasonable person I would of helped you with the actual recordings and transcripts of the comments you find so offensive. Though I find you more offensive than Mr. Kennett
I like many other find it funny that you refuse to contact me or offer any advice when you seem to tell every one you have all the answers. Mr. Burns it is you that keeps bobbing up everywhere whenever my name appears somewhere and making comments about me.
So please shut up Mr Burns. You are doing yourself no favors by throwing repeated hand grenades across the border at me.
sorry;
omit – “homophobic”
Replace with – “biphobic”
I am fed-up with the way gay men and bisexual men are treated this way in yes – 2009, I also have a friend who is bisexual and all harassment and discrimination MUST STOP!!!!
This is happening in 2009? What a joke, football and all sports unfortuanetly will be homophobic for maybe years to come. Football and sport needs to move into the 21st century – were is very famous openly-gay Matthew Michem when we need him????
I have always respected and recognised Gary Burns for his endless work for the gay community – No wonder why we both are activists and that there is still a long way to go yet!!! I and many other gay activists will not rest until we are treated with dignity, respect within all communities of Australia!! [As they say “only 50 percent of the Pacific Highway is dual carriageway, lets work on the other 50 percent”].
My action comes under the NSW AD-Act 1977.
There is no capacity for me to raise this complaint under Victorian Vilification Laws because Victoria does not have adequate protection in it’s act.
If I am such a pain in the arse (your words) why would you ask for my help ?
Mr Kennett linked male homosexuality to pedophilia.
I am a homosexual man.
Mr Campagnolo instead of bobbing up everywhere attacking me and blaming me for your troubles perhaps you should of got legal advice in the first place.
I am not your enemy,and you are doing yourself no favors by throwing hand grenades across the border at me.
I decline your requestfor me to help you.
I am genuinely sorry for you and your circumstances.
But I feel you are your own worst enemy.
The above letter by you clearly spells that out to any lay person not too familiar with me or my case that you believe my actions are inciting violence against our community.
A personal challenge for you Mr. Burns why don’t you come and help fight the new Charter of Human Rights at the Supreme Court. And help get a legal precedent passed, that all people can rely on and refer to. It will also set a precedent for same sex attracted people in particular. Instead of being a big bag of wind and gob-ing off. We could use some help and direction, another one in the legal team might help. (it won’t cost you anything)
It would also help you get you case heard if you had a wider scope of the law on which to rely and a precedent passed at the supreme court level to rely your arguments against.
At the moment you are only a pain in the arse, and I consider you to be inciting more pain hatered to the gay community than Mr. Jeff Kennett ever did.
Mr Kennett refereed to me as a pedophile. Which I am not, and I take more offence of you (Mr Gary Burns) at the moment and what you are doing to the gay community that Mr. Jeff Kennett
“would you mind explaining what this has to do with you or your case against Kennett?” Mr. Burns case involves comments by Jeff Kennett that the club was right to sack Campagnolo, likening his sexuality to that of a paedophile. Egg/face/bovvered, John? I don’t see that it’s ego driven or an idiosyncratically Victorian matter either.
John if I had a ego I would of line up with all the other chardonnay slurps last year for my most influential homosexual award.
I was in line for one until I put a stop to it.
Accolades along with your commentary mean absolutely nothing to me.
Every body has a comment on what I am doing,usually negative but lacking the courage themselves to do anything.
That’s why I am raising Campagnolo’s matter in regards to me and my litigation.
Everybody seems to think my pending litigation is about Mr Campagnolo or I should give any damages awarded to him.
John you’re probably one of the types I see out who rush up to me with pleasantry’s of a duplicity in nature but as walking away sneer at me and put me down ?
Gotta love you all !
Next you will be calling me a “media whore”.
Come on ….
Gary Burns – would you mind explaining what this has to do with you or your case against Kennett? Or Twenty 10?
Nobody doubts what you say about Twenty 10 and we certainly all appreciate your committment to community activism, but seriously, does every comment you make have to be some ego-driven promotional tool for your own crusades?
Come on ……
Brian your comment is flawed because you don’t seem to understand I am taking this action against Mr Kennett as a single complainant and not on the behalf of the homosexuality community or any other group in other communities.
I am just broadening my litigation for the purposes of “public interest”.
The damages I receive could rightly be claimed by me as personal demages but I have decided to focus on a remedy of my own to address the damage I feel has been caused by Mr Kennett’s comments against homosexual men.
If I am soiled for doing this so be it !
Gary, as you rightly point out it is your decision to choose where the money goes. As you point out young gay teenagers at 2010 is a very worth cause.
But surely such an avid defender of human rights and freedom of speech without the right to incite hatred can appreciate that others do not agree with you.
That others believe a national offensive comment should cause compensation to be sent to a national organisation. Or alternatively that a predominately Victorian issue should foster youth within victoria who predominately play AFL and were worst affected by these changes.
Your cause is noble Gary, your outcome if achieved will be a Victoria, but please do not soil yourself with these preemptive comments against those with an opposing view.
I feel terribly sorry for what is happening to Mr Campagnolo.
The simple lesson here is one must not go to court without a lawyer.
I have learnt if you are going to fight the good fight you must have a leading silk sitting next to you.
My complaint against Mr Kennett has nothing to do with Mr Campagnolo or his matters.
Before all you commentators say I should donate any damages I get from the Kennett case,if I succeed against him and give it to him as compensation for his losses and troubles should think again.
My action is taken under the NSW Anti-Discrimination Act (ADAct 1977).
I can determine where my recompense should go.
I have decided it will go to help house young gay teenagers at Twenty 10.
These young kids are the future of our future.
I will do whatever I can to ensure they are not hungry and cold this winter.
Come on all you commentators,try and knock me for that.