Category: Organized Pseudolegal Commercial Arguments

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 →

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 →

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11 This case is often mistakenly cited by OPCA adherents as evidence that all governments and their departments are corporations, and therefore they can refuse to "contract" with them. A popular myth is added, which is that … Continue reading Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11 →

The Organized Pseudolegal Commercial Argument (OPCA) Litigant Case

Jonnette Watson Hamilton; "The Organized Pseudolegal Commercial Argument (OPCA) Litigant Case" A summary of Meads v. Meads 2012 ABQB 571 https://freemandelusion.files.wordpress.com/2020/11/the-organized-pseudolegal-commercial-argument-opca-litigant-case.pdf . http://ablawg.ca/2012/10/30/the-organized-pseudolegal-commercial-argument-opca-litigant-case/ https://freemandelusion.files.wordpress.com/2020/11/the-organized-pseudolegal-commercial-argument-opca-litigant-case.pdf

McKewins Hairdressing and Beauty Supplies Pty Ltd v Deputy Commissioner of Taxation [2000] HCA 27

In McKewins Hairdressing and Beauty Supplies Pty Ltd v Deputy Commissioner of Taxation [2000] HCA 27, Mr Wayne Levick appeared on behalf of the applicants, challenging the validity of the commission and appointment of the Office of Governor-General. The court responded: "The constitutional arguments which are propounded in the s 78B notice and the written outline are without … Continue reading McKewins Hairdressing and Beauty Supplies Pty Ltd v Deputy Commissioner of Taxation [2000] HCA 27 →

Money Tree Management Service Pty Ltd v Deputy Commissioner of Taxation (No 3) [2000] SASC 286; 45 ATR 262

In Money Tree Management Service Pty Ltd v Deputy Commissioner of Taxation (No 3) [2000] SASC 286; 45 ATR 262 the appellants raised a challenge against the validity of the commission and appointments of the Office of Governor and Chief Justice. “That the judicial commission of his Honour the Chief Justice issued by the Governor of … Continue reading Money Tree Management Service Pty Ltd v Deputy Commissioner of Taxation (No 3) [2000] SASC 286; 45 ATR 262 →

Plenty v Dillon (1991) HCA 5

In Plenty v Dillon (1991) HCA 5 the High Court of Australia held that police officers who entered the appellant's farm to serve a summons did not have express or implied consent for entry and therefore committed a trespass. This case is often wrongly cited by various theorists, as if it applies to police officers who do … Continue reading Plenty v Dillon (1991) HCA 5 →

Bride v Shire of Katanning [2017] WASCA 59

In Shire of Katanning v Bride [No 2] [2016] WASC 314 an order was made under the Vexatious Proceedings Restriction Act 2002 (WA), that: "The first and second defendants, either personally or in a representative capacity, are hereby prohibited from instituting any action, proceeding, appeal, counterclaim or other application in any Court of the State Western … Continue reading Bride v Shire of Katanning [2017] WASCA 59 →

ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852

In ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852 the defendants appealed a summary judgment by the bank, "...on the grounds that it is fraudulent, misleading, with the intention to deceive the court and as well as being frivolous, scandalous, vexatious and an abuse of process." They alleged that the bank was involved … Continue reading ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852 →

ACM Group Limited v McClymont [2014] FCCA 2581

In ACM Group Limited v McClymont [2014] FCCA 2581 the defendant argued that Westpac should account to him for the amount it received for the debt from the petitioning creditor because it was his signature on the credit contract that created the asset that Westpac sold or assigned to the petitioning creditor, and that having created … Continue reading ACM Group Limited v McClymont [2014] FCCA 2581 →

Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547

In Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 the defendants resisted foreclosure of their properties, signing their names with trademark symbols: "I, Jonathan©"TM" am no aware of any documents relating to case number 13/372819 being lawfully served on Debra Ann Lamberton©"TM" in Adelaide or at her tenanted address … Continue reading Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 →

Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609

In Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609 the applicants were represented by a non-lawyer, Peter Paalvast, seeking an order to block liquidation of their farm. They had annotated a copy of a judgment for the sale of farm assets, "...and attached that to other documents exhibiting various stamps and seals and … Continue reading Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609 →

National Australia Bank Limited v Norman [2012] VSC 14

In National Australia Bank Limited v Norman [2012] VSC 14 the court noted: "The counterclaim was comprised of random, almost incomprehensible, statements, propositions, quotations, argument and references to other material that appeared to have been lifted from other documents and randomly pasted into the pleading.  Passages were quoted from Magna Carta and the Bible." The defendants argued that … Continue reading National Australia Bank Limited v Norman [2012] VSC 14 →

Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188

In Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 the defendant fought a sequestration order with what appears to be a foisted contract seeking to estop the collection action, arguing that he had "...prepared a bill of exchange with a face value of $1 AUD and forwarded that to the ATO seeking acceptance as settlement … Continue reading Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 →