Green and Green [2018] FCWA 42

Green and Green [2018] FCWA 42

A property dispute between two self represented litigants, the husband had in the past conducted his own proceedings before the Magistrates Court, District Court, Supreme Court of Western Australia, the Court of Appeal and the High Court, resulting in the Supreme Court declaring him a vexatious litigant on the basis of his persistence in instituting proceedings that had no hope of success. For her part, the wife made various uncomplicated submissions as to the financial contributions of the parties, which the husband dismissed as a “nonsensical rant”. The husband contended (among other things) that the court was not properly constituted and accordingly has no jurisdiction to hear and determine the case. Similarly, he contends that the Supreme Court of Western Australia is not properly constituted and that, accordingly, the sale orders are of no effect, that the State of Western Australia has never been lawfully constituted, that no judges and magistrates have been lawfully appointed. He goes on to assert that he has “lawfully seized” his property, the city offices, the executive government of WA and the judicature, the Legislative Assembly and the Legislative Council, under the provisions of clause 61 of Magna Carta and hold them under the Crown, and that he has recently served on the Premier and the State Government a “commercial lien in tort” for $999 trillion for the “stealing of the people of Western Australia’s assets and usurping authority over the people who are sovereign”. 

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