Steepe v The Commonwealth of Australia [2021] NSWSC 368

Sheep farmer bills RAAF $15m for trespass A sheep farmer has failed to convince a court the RAAF owes her $15.3 million for flying fighter jets over her property. NSW woman Julie Steepe issued a series of invoices in 2020 after the air force didn't comply with her notices for them to "cease and desist". … Continue reading Steepe v The Commonwealth of Australia [2021] NSWSC 368

McFarlane v McFarlane [2021] VSC 197

In McFarlane v McFarlane [2021] VSC 197, the applicants mother had signed a transfer of land, gifting her home to her son, the applicant. She moved from the house to an aged care home shortly after, and the Victorian Civil and Administrative Tribunal appointed State Trustees Limited as her administrator, under Part 5 of the … Continue reading McFarlane v McFarlane [2021] VSC 197

Phoebe Lee Bennett

Magistrate slams teen’s ‘sovereign citizen’ defence "A Dunsborough teenager caught speeding on Bussell Highway has been lambasted by a magistrate for “wasting the court’s time” after claiming she did not consent to the charges as a sovereign citizen. Phoebe Lee Bennett appeared in Busselton Magistrate’s Court this week charged with exceeding the speed limit by … Continue reading Phoebe Lee Bennett

State of New South Wales v Hardy [2021] NSWSC 323

Man who threatened MP to be supervised "A man whose crimes included threatening a NSW MP by writing " you will be hung until you are dead" is to be subject of a second terrorist-related interim supervision order. Two envelopes were stuffed under the front door of state Labor MP Jodie Harrison's Charlestown office in … Continue reading State of New South Wales v Hardy [2021] NSWSC 323

Australasian Federation Conferences 1890-98

The records of the Australasian Federation Conference of 1890 and the Australasian Federal Conventions of 1891 and 1897/8 are among the most significant founding documents of the Australian nation. At the Australasian Federation Conference held in Melbourne from 6 to 14 February 1890, leading politicians from the six Australian colonies and New Zealand affirmed the … Continue reading Australasian Federation Conferences 1890-98

Section 100 – Water rights

Section 100 of the Commonwealth Constitution provides: "Nor  -abridge right to use waterThe Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation." It is important to note the … Continue reading Section 100 – Water rights

Response to Wayne Glew’s Videos

Wayne Glew recently published several videos regarding a Facebook group I regularly post in called "Are Council Rates Legal ?" administrated by Tim Prater. Although they are quite the convoluted collection of assertions and claims, I would like to do a point by point response to Wayne Glew regarding the content of these videos, which … Continue reading Response to Wayne Glew’s Videos

Montgomery v Child Support Registrar [2015] FCA 891

The applicant was $46,596.87 in arrears for child support, and was prevented in leaving Australia due to a Departure Prohibition Order, and subsequently filed for an appeal of this decision in Montgomery v Child Support Registrar [2015] FCA 891. The lengthy notice served by the applicant contained 81 separate statements which the applicant required the … Continue reading Montgomery v Child Support Registrar [2015] FCA 891

The Crown as Corporation (1901)

Frederic Maitland; "The Crown as Corporation" (1901) In Re Stepney Election Petition; Isaacson v Durant (1886) 17 QBD 54, it was held that allegiance was owed not to the monarch in his or her personal capacity, but rather to the Crown as a body politic. (See Anne Twomey; The Constitution of New South Wales, page 386, … Continue reading The Crown as Corporation (1901)

Responsible Government and the Divisibility of the Crown

Anne Twomey; "Responsible Government and the Divisibility of the Crown" This article addresses the misconceptions and misunderstandings that surround the meaning of references to "the Crown". It focuses on the divisibility of the Crown and the criteria for the creation of a new Crown in self-governing colonies, dependencies and independent Commonwealth nations. It places the … Continue reading Responsible Government and the Divisibility of the Crown

Penhallow v Doane’s Administrators and Cruden v Neale (US cases)

(1) Penhallow v. Doane's Administrators Penhallow v. Doane's Administrators, 3 U.S. 54, 3 Dall. 54, 1 L. Ed. 507 (1795) is often cited by OPCA adherents both in the United States and elsewhere in an attempt to substantiate the "strawman" narrative that governments cannot have jurisdiction over a natural person, only over a "corporate entity" … Continue reading Penhallow v Doane’s Administrators and Cruden v Neale (US cases)

Ms Nicole Maree Arnold v Goodstart Early Learning Limited T/A Goodstart Early Learning [2020] FWC 6083

The Applicant was employed with responsibility for the care of children, and objected to being vaccinated on grounds which did not include a medical reason or health related issue. She was dismissed on the basis that she had refused to comply with a lawful and reasonable direction, and sought an unfair dismissal remedy. Nathan Buckley … Continue reading Ms Nicole Maree Arnold v Goodstart Early Learning Limited T/A Goodstart Early Learning [2020] FWC 6083

Understanding and debunking the pseudo-legal ‘sovereign citizen’​ movement

Geraldine Johns-Putra; Understanding and debunking the pseudo-legal 'sovereign citizen'​ movement: . Geraldine Johns-Putra contacted me by email with very complimentary words: Dear Robert I am an Australian lawyer, first admitted in Victoria about 23 years ago. I am working more these days in areas that touch on human rights, via my niche law practice in … Continue reading Understanding and debunking the pseudo-legal ‘sovereign citizen’​ movement

Two Treatises of Government

John Locke; "Two Treatises of Government" John Locke (1632-1704) was an English philosopher who is considered to be one of the first philosophers of the Enlightenment and the father of classical liberalism. The Two Treatises was first published anonymously in December 1689. The First Treatise is focused on the refutation of Sir Robert Filmer, in … Continue reading Two Treatises of Government

The Evolution of a Separate Australian Crown

George Winterton; "The Evolution of a Separate Australian Crown" "Apart from a brief debate regarding an elective Governor-General (obviously resolved in the negative),' the constitutional framers gave virtually no consideration to the formal executive,' simply taking it for granted that the Imperial monarch would remain Australia's Head of State. Even republicans like Inglis Clark accepted … Continue reading The Evolution of a Separate Australian Crown

The Legal Personality of the Commonwealth of Australia

Sebastian Howard Hartford Davis; "The Legal Personality of the Commonwealth of Australia" "The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of … Continue reading The Legal Personality of the Commonwealth of Australia

The Poor Can Feed The Birds on Sovereign Citizens

The Poor Can Feed The Birds podcast "The Poor Can Feed The Birds is hosted by Tom Tanuki, and covers participatory politics and activism around Australia. It covers rallies and actions upcoming and past, and takes part in the growing activist movement to change Australia and the world - while talking to the people at … Continue reading The Poor Can Feed The Birds on Sovereign Citizens

O’Hagan v Commissioner of Taxation [2020] QDC 288

In O’Hagan v Commissioner of Taxation [2020] QDC 288 the applicant was found guilty after a summary trial of four offences of failing when and as required pursuant to a taxation law to give a return to the Commissioner of Taxation. The appellant appealed his conviction and sentence on grounds that included the Magistrates Court … Continue reading O’Hagan v Commissioner of Taxation [2020] QDC 288

Hoxton Park Residents’ Action Group Inc. v Liverpool City Council [2010] NSWSC 1312

Hoxton Park Residents' Action Group Inc. v Liverpool City Council [2010] NSWSC 1312 concerned a development approval given by the Liverpool City Council (the first defendant), to the Malek Fahd Islamic School Ltd, (the second defendant). The third defendant was the Australian Federation of Islamic Councils Inc., which owned the land in question, the fourth … Continue reading Hoxton Park Residents’ Action Group Inc. v Liverpool City Council [2010] NSWSC 1312

Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64

In Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64 the applicants applied for an order appointing an administrator to a strata scheme which contains 13 lots. The owners of Lot 1, (which was used as a caravan park and was substantially greater than the remaining lots) declined to participate … Continue reading Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64

Lizack and City Of Kalgoorlie-Boulder [2015] WASAT 20

In Lizack and City Of Kalgoorlie-Boulder [2015] WASAT 20 the applicant contended that the City had no lawful jurisdiction to make decisions affecting his use of the land in his certificate of title, arguments that were purported to be drawn from the common law and constitutional law. They referred to him holding his title as … Continue reading Lizack and City Of Kalgoorlie-Boulder [2015] WASAT 20

A Coram is not a Judge

It is a common belief among OPCA adherents that since case transcripts often have the name of the judge as "CORAM" it means that the person is not a true judge but someone without any authority or jurisdiction to decide the matter. Coram non judice This conclusion appears to have arisen solely from a misconception … Continue reading A Coram is not a Judge

Jakaj v Kinnane [2019] ACTSC 71

The applicant was convicted of using a mobile phone while driving a motor vehicle. He had a right of appeal from the orders made by the ACT Magistrates Court but he did not seek to exercise that right, and instead sought judicial review of the Magistrate’s decision in Jakaj v Kinnane [2019] ACTSC 71. There … Continue reading Jakaj v Kinnane [2019] ACTSC 71

Leonard Clampett

Leonard Clampett ran a number of proposed constitutional arguments, but the main contention seems to be the section 115 currency argument which appears in many of his cases. He was also among the plaintiffs in Halliday v The Commonwealth of Australia [2000] FCA 950 which contested the Goods and Services Tax, and the New Tax … Continue reading Leonard Clampett

Norman v Heers (Trustee) [2016] FCA 821

I don't think I'll comment on Norman v Heers (Trustee) [2016] FCA 821, it is either self explanatory or incomprehensible: "I am of sound mind, i.e. this affidavit and the facts herein are the product of knowledge and creative-expression by its creator. My name constitutes property. My name is owned by my master in accordance … Continue reading Norman v Heers (Trustee) [2016] FCA 821

The Doctrine of Judicial Immunity

One often sees assertions from various OPCA adherents that the judge is criminally liable, or even that they have "arrested" a judge, as in the case of Dezi Freeman and Jim Rech. who both "metaphorically" arrested magistrates, (as they were not deprived of their liberty and freedom of movement, either by cooperation, or physically restraining them, … Continue reading The Doctrine of Judicial Immunity

Finlayson v Indigenous Business Australia [2014] VSCA 95

In Finlayson v Indigenous Business Australia [2014] VSCA 95 the respondent had obtained a judgment for recovery of possession of land on the basis that the applicant had defaulted under the terms of his mortgage, and the applicant sought an order to set aside the decision, but it was dismissed. He sought leave to appeal … Continue reading Finlayson v Indigenous Business Australia [2014] VSCA 95

Ibolya Szucs v Deputy Commissioner of Taxation [2007] FCA 1492

In Ibolya Szucs v Deputy Commissioner of Taxation [2007] FCA 1492 the applicant resisted a sequestration order that issued regarding an unpaid tax debt. The notice of appeal sought orders that the sequestration order be set aside, that the Deputy Commissioner of Taxation, the Australian Taxation Office and an officer employed in the Australian Taxation Office … Continue reading Ibolya Szucs v Deputy Commissioner of Taxation [2007] FCA 1492

Halliday v The Commonwealth of Australia [2000] FCA 950

In Halliday v The Commonwealth of Australia [2000] FCA 950 the applicants sought declarations that thirty three Acts and three regulations “establishing the New Taxation System and the Goods and Services Tax” were invalid.  The applicants were represented by David Fitzgibbon, who argued that the Acts were not passed by a validly elected Senate as required by … Continue reading Halliday v The Commonwealth of Australia [2000] FCA 950

Poonon Pty Ltd v Deputy Commissioner of Taxation [1999] NSWSC 1121

In Poonon Pty Ltd v Deputy Commissioner of Taxation [1999] NSWSC 1121 the applicants resisted a winding up order, with David Fitzgibbon as counsel, instructed by Wayne Levick & Associates. The grounds included an issue relating to sovereignty which the court noted was the subject of the judgments of Hayne J in Joosse v Australian … Continue reading Poonon Pty Ltd v Deputy Commissioner of Taxation [1999] NSWSC 1121

Matchett & Lattimore v Deputy Commissioner of Taxation [2000] NSWSC 975; 45 ATR 541

In Matchett J M v Deputy Commissioner of Taxation; Lattimore J C v Deputy Commissioner of Taxation; Lattimore v M v Deputy Commissioner of Taxation; Matchett J F v Deputy Commissioner of Taxation [2000] NSWSC 975; 45 ATR 541 the plaintiffs were successfully sued for outstanding taxes, and sought orders that the decisions made against them … Continue reading Matchett & Lattimore v Deputy Commissioner of Taxation [2000] NSWSC 975; 45 ATR 541

Dooney v Henry [2000] HCA 44 

In Dooney v Henry [2000] HCA 44 several matters were heard together, as the plaintiffs delivered Statements of Claim which all sought substantially the same relief and raised the same points for decision.  In every case a Reply had also been delivered, and these also raised similar issues for determination. Counsel for all the plaintiffs was … Continue reading Dooney v Henry [2000] HCA 44 

Miller v Chapman [2001] FCA 105

In Miller v Chapman [2001] FCA 105 the applicant had challenged his taxation assessments on the grounds the Australian Tax Office is not a legal entity, and the so-called “interregnum argument” based upon an asserted deficiency in the appointment of Lord Gowrie VC as Governor-General and in the giving of Royal Assent to the Income Tax … Continue reading Miller v Chapman [2001] FCA 105

Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26

In Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26 the applicant resisted a statutory demand by the Deputy Commissioner of Taxation for unpaid taxes. The contention was that the Income Tax Assessment Act 1936 (Cth) was enacted under the Constitution, which is the legislation of a foreign power according to Sue … Continue reading Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26

The Institute of Taxation Research and Wayne Levick

The Institute of Taxation Research was formed in 1998, promising that one could make any tax liability voluntary if they used their services. The strategy centered around the proposition that the taxation legislation is invalid, as the whole legal system has no basis in law and the constitution is invalid, so there is no basis in … Continue reading The Institute of Taxation Research and Wayne Levick

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

Kings Seal – Letters Patent 1836

In the 2014 documentary "King's Seal" 1 it was alleged that consecutive governments have ignored the legal rights of Aboriginal people of South Australia contained in clause 8.1 of the Letters Patent 1836 (SA) 2 which provides: "PROVIDED ALWAYS that nothing in these our Letters Patent contained shall affect or be construed to affect the rights of … Continue reading Kings Seal – Letters Patent 1836

The Civil Conscription Argument – Section 51(xxiiiA)

This pseudo legal myth has been circulating the internet for several years now, beginning I think with the No jab/No play policies in relation to children not up-to-date with the Childhood Vaccine Schedule attending Childcare Centres, and the No jab/No pay policies in which the Childcare Subsidy and a portion of Family Tax Benefit B … Continue reading The Civil Conscription Argument – Section 51(xxiiiA)

Hopes v Australian Securities and Investments Commission [2016] WASC 198

In Hopes v Australian Securities and Investments Commission [2016] WASC 198 the appellant resisted the liquidation of his company, alleging that the Commonwealth Parliament lacked power to enact the Royal Style and Titles Act 1973 (Cth) meaning that legislation passed since the commencement of the 1973 Act, including the Corporations Act, had not received Royal Assent as … Continue reading Hopes v Australian Securities and Investments Commission [2016] WASC 198