Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120   

In Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120 the appellant submitted that the Constitution is invalid and the Queen is not Head of State, citing Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch) that the Letters Patent issued under the Great Seal of Australia in appointing a Governor General were issued incorrectly, that the Constitution Act 1901 was made under the authority of the United Kingdom and no longer applies since Australia became independent in 1919, and that therefore the current government has no valid claim to governance. Further, the Queen as Head of State is bound by her oath to uphold the Magna Carta and Bill of Rights, regarding rights and liberties of individuals and fair compensation for compulsory acquisition, and therefore the Vegetation Management Act is invalid as a State Government cannot interfere with a deed of grant under Fee Simple.

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