Silberberg V The Builders Collective of Australia Inc. - Background

Background

The applicant, Dr Ron Silberberg, was the managing director of the Housing Industry Association Ltd (HIA), a company representing the interests of people involved in the residential building industry. The Builders Collective of Australia Inc (the Collective) was an incorporated association of predominantly small builders, and opposes the policies of the Housing Industry Association in many areas. The Builders Collective operated a website containing a discussion forum, which contained confidential information regarding the building of transmitter sites for the Digital Radio Oceane project.

In May 2005 and January 2006, a registered user of the forum posted messages which suggested that Silberberg's Jewish background was responsible for a perceived unhealthy monetary focus on the part of the HIA. Silberberg complained to the Human Rights and Equal Opportunity Commission and, when that complaint was terminated by the Commission, sued The Builders Collective and the forum user in the Federal Court.

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