Wilson v White [2007] WASCA 87

The appellants received a sequestration order and failed to make out and file with the Official Receiver a statement of affairs, and were subsequently convicted. They contended that the manner in which the magistrate had proceeded was unlawful by virtue of the provisions about discrimination contained in the International Covenant on Civil and Political Rights, and filed an application for leave to appeal against their convictions, but the application was dismissed. They then applied for an extension of time to appeal, against the dismissal, which was heard in Wilson v White [2007] WASCA 87. The appellants asserted that the Federal Magistrates Court is not a Court because it is made up of single judicial officers, is not a Chapter III court for the purposes of the Constitution, and that since the passage of the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA), the courts of Western Australia do not have lawful authority to administer law within the State. Further, that since they are Christians, they have an absolute right under Section 116 Australian Constitution to be tried in a Christian Court, with a jury of 12 the same number of jurors as were disciples of Jesus Christ, as provided for in the Scriptures of the King James version of the Holy Bible. The appellants insist the jurors swear their oath on the Holy Bible and not otherwise, and judge in the name of Jesus Christ, as the scriptures provide.

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