See J-Wire Australia and New Zealand: http://www.jwire.com.au/the-jerusalem-beth-din-serves-an-injunction-to-protect-south-head-synagogue/
The Jerusalem Beth Din serves an injunction to protect South Head Synagogue
A meeting of creditors is scheduled to take place in Sydney on Friday.
The ruling was made following a letter to the Beth Din in Jerusalem written by the spiritual head of the South Head Synagogue Rabbi Benzion Milecki on Monday July 10th in which he wrote:
“Because the Synagogue Board and President acted and are acting in a manner that endangers the continued functioning of the Synagogue through the defendants taking unilateral actions, that include boycotting and requesting members of the community to pray in another venue (in order to force the resignation of Rabbi Milecki), liquidating the Holy Congregation Ahavat Shalom, selling the land and Synagogue building in all of its parts – including the Synagogue, the Beth HaMidrash, the Library, the Mikveh etc – G-d forbid (which is possible because the President of the Synagogue released the bank and replaced it with himself as mortgagee together with two other Board members);].
And because it is the intention of the defendants to execute their plan leading to the destruction of all the facilities, an irreversible situation incapable of remedy (because, as mortgagees, they can vote for the liquidation of the Synagogue as means of retrieving their funds at the creditors’ meeting that will take place on Friday morning, 20th Tammuz);
Therefore I request His Honour the Av Beth Din and the Beth Din to issue an immediate injunction that prevents any of the sides from acting in a manner that could lead to the destruction of all these holy facilities.”
Order of HaRav HaGaon Rav Chaim Shlomo Rozental, Rav and Av Beth Din of Jerusalem, and Av Beth Din of the Special Court Established by the Chief Rabbinate of Israel in the matter of Rabbi Benzion Milecki and South Head Synagogue.
17 Tammuz 5777
Decision – Order
With the power vested in me by virtue of my position as Av Beth Din of the Special Court appointed by the Chief Rabbinate of Israel, in accordance with the agreement and written contract made between Rabbi Benzion Efraim Milecki shlita (may he have long life) and the “Holy Congregation Ahavat Shalom”, also known as South Head Synagogue, and the leaders and members of that congregation; and in view of Rabbi Milecki’s assertion in his letter of Tammuz 5, 5777, (9/7/17) that the Supreme Court of NSW has verified that contract and ruled that all matters between Rabbi Milecki and the aforesaid congregation must be decided in accord with the ruling of a Beth Din; and in view of the fact that the Beth Din of the Chief Rabbinate has been agreed by both sides according to the said contract to rule on any dispute between them;
And in light of the claim of Rabbi Milecki in the aforesaid letter, that irreversible damage could be caused annulling any possibility of bringing about a Hearing on the matter in dispute;
I order, with the power of my status as Av Beth Din, that it is forbidden for any of the two sides or their representatives to take any action that could create facts on the ground, until resolution of the matter in the Beth Din in the presence of the two sides.
Both sides may present this Order to any legally authorised Court.
Given on Tammuz 17, 5777, albeit not in the presence of the two sides
Rabbi Chaim Shlomo Rosenthal
Rav and Av Beth Din of Jerusalem
Av Beth Din of the Special Court
(Seal of Rav Rozental – Av Beth Din)
The Chief Rabbis of Israel shlita
HaRav HaGaon Avraham Yosef, shlita,
Chief Rabbi of the city of Holon;
Judge of the Special Court
HaRav HaGaon Moshe Raphaeli shlita,
Judge of the Special Court
The answer was received in Sydney yesterday by Rabbi Milecki who has told J-Wire: “The following Order was received by both me and the respondents (members of the Board, Finance Committee and Secured Creditors) yesterday,n response my request to the Av Beth Din of the Special Court Established by the Chief Rabbinate of Israel in the matter of South Head Synagogue and Rabbi Milecki.
Allow me to point out that it is inconceivable that officers and representatives of an Orthodox Synagogue would not show the utmost respect to an Order issued by the Av Beth Din of the Special Court, and universally respected Dayan, His Honour, HaRav HaGaon Chaim Shlomo Rozental.”
J-Wire has asked for comments from the Shule’s president.