Pseudolaw and The Administration of Justice Conference: Hosted by the University Technology Sydney (UTS), convened by Harry Hobbs, Joe McIntyre and Stephen Young. Speakers: Mark Pitcavage "Early Evolution of Sovereign Citizen Ideology" Christine Sarteschi “American State Nationals” Colin McRoberts "Pseudolaw and Indigenous Claims" Donald Netolitzky "Pseudolaw in Canada" David Heilpern "Lies, Lies and Videotapes" Bruce … Continue reading Pseudolaw and The Administration of Justice
Author: Robert Sudy
The sovereign citizen superconspiracy: Contemporary issues in native title anthropology
Taplin, Holland and Billing; "The sovereign citizen superconspiracy: Contemporary issues in native title anthropology": "The Australian Native Title Act 1993 (Cth) provides for the recognition of rights and interests which arise from the traditional laws and customs of Australian First Nation peoples. Processing applications for a determination of native title can take many years and involves numerous … Continue reading The sovereign citizen superconspiracy: Contemporary issues in native title anthropology
Cyber Micronations and Digital Sovereignty
Hobbs, Hayward and Motum; "Cyber Micronations and Digital Sovereignty": "The Internet has spurred the development of thousands of virtual nations. Located entirely online, these micronations claim sovereignty over vast stretches of cyberspace and engage in performative rituals of statehood. They draft constitutions, compose national anthems, sell citizenship, and sometimes, confuse or confound ordinary people. What … Continue reading Cyber Micronations and Digital Sovereignty
The Cinderella Stamps and Philatelic Practices of Micronations: The Materiality of Claims to Statehood
Hobbs and Hohmann; "The Cinderella Stamps and Philatelic Practices of Micronations: The Materiality of Claims to Statehood": "When non-state entities design, issue and use their own postage stamps, they visibly harness the symbolism and trappings of statehood that stamps carry. Drawing on the international legal regulation of postage stamps, this article makes a close examination … Continue reading The Cinderella Stamps and Philatelic Practices of Micronations: The Materiality of Claims to Statehood
The Conspiratorial Mind: A Meta-Analytic Review of Motivational and Personological Correlates
Bowes; Costello and Tasimi; "The Conspiratorial Mind: A Meta-Analytic Review of Motivational and Personological Correlates". "Why some people are willing to believe conspiracy theories": "People can be prone to believe in conspiracy theories due to a combination of personality traits and motivations, including relying strongly on their intuition, feeling a sense of antagonism and superiority … Continue reading The Conspiratorial Mind: A Meta-Analytic Review of Motivational and Personological Correlates
Henderson v Capita Mortgage Pty Ltd [2022] NSWCA 107
Henderson v Capita Mortgage Pty Ltd [2022] NSWCA 107 Download
Pseudolaw – Contrarian Nuisance or Existential Threat
A Halfling's View; "Pseudolaw - Contrarian Nuisance or Existential Threat": A 3-part series on pseudolaw written by retired NZ Judge David Harvey who disagrees with the position that pseudolaw is a Right-wing phenomenon, and considers it rather to be an aspect of the Radical Left and notions of indigenous sovereignty, concluding that the relationship between … Continue reading Pseudolaw – Contrarian Nuisance or Existential Threat
‘Without Fear or Favour, Affection or Ill-Will’: The Role of Courts in the Community
John Toohey; "Without Fear or Favour, Affection or Ill-Will': The Role of Courts in the Community" (1999): "The judicial oath, requiring judges to dispense justice to all 'without fear or favour; affection or ill-will', can be traced to a statute enacted during the reign of Edward III in 1346. This article, which was first delivered … Continue reading ‘Without Fear or Favour, Affection or Ill-Will’: The Role of Courts in the Community
National Australia Bank Limited v Mellander [2023] NSWSC 1171
In National Australia Bank Limited v Mellander [2023] NSWSC 1171, the defendant attempted the foisted unilateral agreement theory to avoid eviction from his property due to a writ of possession being obtained by the Bank. Download
“I hereby and herein claim liberties”: Identity and Power in Sovereign Citizen Pseudolegal Courtroom Filings
David Griffin; "I hereby and herein claim liberties”: Identity and Power in Sovereign Citizen Pseudolegal Courtroom Filings": "While the documents produced by members of the Sovereign Citizen movement are not legitimate legal documents, there is a distinctly legal character to them. This article examines the ways that Sovereign Citizen pseudolegal documents acquire that legal-seeming character … Continue reading “I hereby and herein claim liberties”: Identity and Power in Sovereign Citizen Pseudolegal Courtroom Filings
The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand
Hobbs, Young and McIntyre; "The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand": "Pseudolaw refers to the phenomenon whereby adherents adopt the forms and structures of legal argumentation while substituting the substantive content and underlying principles for a distinct parallel set of beliefs. In this paper we explore … Continue reading The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand
Mitchell v Gympie Regional Council [2018] QCAT 160
Mitchell v Gympie Regional Council [2018] QCAT 160 Download
Barton v Beattie & Ors [2010] QCA 100
Barton v Beattie & Ors [2010] QCA 100 Download
Pullen v O’Brien [2014] QDC 92
Pullen v O'Brien [2014] QDC 92 Download
Woodhead v Commissioner of Police [2023] QDC 143
Another excellent judgement by Glen Cash DCJ. In Woodhead v Commissioner of Police [2023] QDC 143, the appellate "asserted the “Traffic Act” was not good law because it had not been given assent and, in any event, the law did not apply to him as he was on what he called a “private journey" that … Continue reading Woodhead v Commissioner of Police [2023] QDC 143
Rowe v Bishop (No 4) [2023] SADC 29
Rowe v Bishop (No 4) [2023] SADC 29 Download
Peter Till
Till v Johns [2004] QCA 451 (26 November 2004) (McMurdo P, Jerrard JA and Mackenzie J,) Download Abbott v Till; Canniffe v Till [2006] QCA 275 (03 August 2006) (McMurdo P Holmes JA Mullins J) Download Till v. Wheeler [2008] QDC 74 (10 April 2008) (McGill DCJ) Download Till v. Queensland Police Service [2008] QCA … Continue reading Peter Till
Common Law and Uncommon Courts: An Overview of the Common Law Court Movement
Mark Pitcavage; "Common Law and Uncommon Courts: An Overview of the Common Law Court Movement" (1997): Download
Committee of the States: Inside the Radical Right
Cheri Seymour; "Committee of the States: Inside the Radical Right" (1991): Download
Stefan v McLachlan [2023] VSC 501
Stefan v McLachlan [2023] VSC 501 Download
Monteith v Fitzgerald [2018] VSC 217
Monteith v Fitzgerald [2018] VSC 217 Download
Turnbull v Clarence Valley Council [2023] NSWSC 83
In Turnbull v Clarence Valley Council [2023] NSWSC 83, the applicant sought damages in excess of $25 million against the Clarence Valley Council, said to be the result of various claimed unlawfulness and wrongdoing by the Council towards him, including being involved: "...in a conspiracy to overthrow the Commonwealth Constitution at the instigation of international bankers. As well … Continue reading Turnbull v Clarence Valley Council [2023] NSWSC 83
R v Burgoyne [2005] QCA 28
R v Burgoyne [2005] QCA 28 was an appeal against a conviction and sentence on charges of producing and possessing cannabis. The appellant claimed the law is based on false science and wrongly classifies cannabis sativa as a narcotic, "and that makes the law based on a lie" which contradicts Biblical codified law. He also claimed … Continue reading R v Burgoyne [2005] QCA 28
Reynolds v Nonkovic [2023] WASC 326
In the primary decision appealed in Reynolds v Nonkovic [2023] WASC 326, the appellant was convicted in his absence for failing to ensure that his vehicles number plate was properly fixed. The learned magistrate had referred to the frustrating fact that he "indulges in these nonsensical arguments that have been resoundingly disabused by the Supreme Court", … Continue reading Reynolds v Nonkovic [2023] WASC 326
Pseudolaw wins!
Pseudolaw adherents have been successful in the courts. Not because of their arguments, but because of impatience or frustration on behalf of police and magistrates. That's generally the only way pseudolaw adherents can have a win, they make law enforcement and judicial officers lose their cool and forget their own obligations. The Police First example, … Continue reading Pseudolaw wins!
Kwok v Gordon [2023] WASC 325
Kwok v Gordon [2023] WASC 325 (at 6-8): In Kelly v Fiander [2023] WASC 187, Vandongen J held that it was not a pre‑condition to reaching the conclusion that an accused had 'appeared' for the purpose of s 55 of the Criminal Procedure Act that the accused clearly identify themselves in answer to questions from the court. His Honour held that … Continue reading Kwok v Gordon [2023] WASC 325
Anthony William Evans
Anthony William Evans stands out as a prominent adherent of the unilateral foisted contract theory, among other commercial aspects such as promissory notes and commercial liens. In Re Glenevan Pty Ltd [2015] NSWSC 201 the Deputy Commissioner of Taxation sought an order that the defendant company Glenevan Pty Limited be wound up in insolvency and a … Continue reading Anthony William Evans
Kwok v City of Subiaco [2023] WASC 307
Kwok v City of Subiaco [2023] WASC 307: The appellant had unsuccessfully appealed a $70 parking fine, and was ordered to pay $1500 prosecution costs. She then appealed that decision with several pseudolaw arguments, which was again dismissed. The court will hear the parties as to further costs. Download
Lexomancy: Law and Magic in the Pseudolegal Writings of the Sovereign Citizen Movement
David Griffin, J.D; "Lexomancy: Law and Magic in the Pseudolegal Writings of the Sovereign Citizen Movement": "The Sovereign Citizen movement is a loosely organized collection of anti-government conspiracy theorists found around the world. According to their pseudolegal theories, Sovereign Citizens believe that through the filing of certain forms and the raising of certain arguments in … Continue reading Lexomancy: Law and Magic in the Pseudolegal Writings of the Sovereign Citizen Movement
Australian Prudential Regulation Authority v Garrett [2023] FCA 956
Australian Prudential Regulation Authority v Garrett [2023] FCA 956 Download
Whose constitution: Sovereign citizenship, rights talk, and rhetorics of constitutionalism in Australia
Bruce Baer Arnold and Erina Mikus Fletcher; "Whose constitution Sovereign citizenship, rights talk, and rhetorics of constitutionalism in Australia": "The ‘sovereign citizen’ is a contemporary phenomenon increasingly evident in Australia and other jurisdictions. It represents an alternative understanding of constitutions, justice, and authority. It centres on a rhetoric in which adherents assert rights but disclaim … Continue reading Whose constitution: Sovereign citizenship, rights talk, and rhetorics of constitutionalism in Australia
SCU Buzz podcast with David Heilpern
Does sovereign citizenship stack up legally? Amy and River chat with Dean of Law David Heilpern https://videopress.com/v/rL5oBSvR?resizeToParent=true&cover=true&preloadContent=metadata&useAverageColor=true
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS), (also called the Law of the Sea Convention or the Law of the Sea Treaty) is an international agreement that establishes a legal framework for all marine and maritime activities, which came into force in 1994, after UN conferences between 1973 and 1982. Download
MacDonald v County Court of Victoria [2013] VSC 109
MacDonald v County Court of Victoria [2013] VSC 109 Download
James the Traveller
Westpac Banking Corporation v Davey [2016] WASC 316
Westpac Banking Corporation v Davey [2016] WASC 316 The defendant claimed that the Bank had securitised the loan accounts and the mortgages which resulted in the extinguishment of obligations between him and the Bank, but to make sure, also delivered four promissory notes to the Bank to settle anything owing. Claims relating to the Broker's conduct. … Continue reading Westpac Banking Corporation v Davey [2016] WASC 316
ING Bank (Australia) Limited v Wilson [2013] SASC 6
ING Bank (Australia) Limited v Wilson [2013] SASC 6 Promissory Note Download
Cini v First Mortgage Capital Pty Ltd [2023] NSWCA 53
Cini v First Mortgage Capital Pty Ltd [2023] NSWCA 53 Download
Re Finocchiaro; Ex parte The Proper Officer [2023] NTSC 23
Re Finocchiaro; Ex parte The Proper Officer [2023] NTSC 23 Download
R v Casement [1917] 1 KB 98
R v Casement [1917] 1 KB 98 Download
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