Walsh & Anor v Professional Nominees Pty Ltd & Anor [1998] QCA 259

In Walsh & Anor v Professional Nominees Pty Ltd & Anor [1998] QCA 259, the applicants appealed a foreclosure decision alleging that there is no valid law capable of being enforced, that there are no validly constituted courts, and even the Constitution is invalid, so there is no relevant valid statutory law that applies in Australia, and indeed that the common law does not apply here, due to Australia’s acceptance into the League of Nations. Further, it was contended that Covering Clause 6 of the Constitution Act transformed the colonies into States and this is the sole legal document creating the states, therefore without the continuing validity of the Constitution there are no Australian states. The argument continues that allowing British colonial law to continue after sovereignty is in direct contradiction of Article 10 of the Covenant of the League of Nations and Article 2(1) and (4) of the United Nations Charter, and that bureaucrats and judges who attempt to enforce such laws can be tried before the War Crimes Tribunal in Geneva.

Click to access walsh-and-walsh-v-professional-nominees-pty-ltd-1998-qca-259.pdf

In Professional Nominees Pty Ltd v Damien Harold Walsh and Paula Clare Walsh [1998] QCA 296 and Law Partners Mortgages Pty Ltd v Walsh [1998] QCA 297, the applicants sought to strike out two appeals brought by the respondents against the applicants who successfully obtained judgments against them in the District Court and Supreme Court, on the grounds in the appeals were frivolous, vexatious, and an abuse of process.

Click to access professional-nominees-pty-ltd-v-damien-harold-walsh-and-paula-clare-walsh-1998-qca-296.pdf