Leone & Cino [2016] FamCAFC 224 (from 17)
“The husband filed a notice of discontinuance on 13 October 2015 in which he sought to discontinue the whole of his initiating application filed on 23 April 2013. At [3] of her reasons for judgment, the primary judge said:
In addition to filing the Notice of Discontinuance, on 13 October 2015 the husband also filed an affidavit affirmed that day. The husband deposed in that affidavit as follows:-
1. I [Mr Leone] of the family [Leone] being a sovereign and free man under God, am hereby writing this letter to formally remind and reconfirm to the court of my oral and written withdrawal of my participation in this matter on the 28th August 2015. Therefore anything prior to, on, or after that date with relation to these proceedings is null and void.
2. This affidavit is further confirmation that I do not consent to participate in these proceedings.
3. I am not under any contract that binds me to the Municipal Corporation which identifies itself as the Federal Court and the Family Law Courts.
4. I do not consent to any application or request for me to attend court or participate in proceedings, and any attempt to drag me into court or bind me into proceedings will initiate a claim for damages under common law, against any party who has initiated or made that application or request on, of, or against me.
5. I am not bound by any valid social contract to any of the parties or Municipal Corporation which obligates me to participate in their masquerades, such as and including these purported court proceedings.
6. Any contracts that I was fraudulently induced into entering or forced into entering, by any parties, or Municipal Corporations, such as the Federal Court, Family Law Court or Magistrates Court etc, are hereby declared to be void, invalid and of no lawful effect, because I was not provided full disclosure of the actual relevant details of the contract, or the details of the party purporting to contract with me.
7. On the 28th August 2015 I formally advised the Court that I discontinued these proceedings and a notice of discontinuance has been filed on this day with the court.
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