Sovereign People & The Law, with David Heilpern

Sovereign People & The Law - David Heilpern 19.07.21: "In this episode we take a close look at the growing Sovereign Citizens Movement in Australia, particularly on the NSW North Coast. With greater Sydney going through yet another lockdown, COVID restrictions also remain in place in regional areas like the Byron Shire. The main one … Continue reading Sovereign People & The Law, with David Heilpern →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Introduction

“The average man is not actually happy when free; he is uncomfortable, a bit alarmed, and intolerably lonely. Liberty is not a thing for the great masses of men. It is the exclusive possession of a small and disreputable minority, like knowledge, courage and honor. It takes a special sort of man to understand and … Continue reading Introduction →

A Pathogen Astride the Minds of Men: The Epidemiological History of Pseudolaw

Donald J. Netolitzky; "A Pathogen Astride the Minds of Men: The Epidemiological History of Pseudolaw" (2018) "Pseudolaw is a collection of legal-sounding but false rules that purport to be law. Pseudolaw has independently emerged in different countries and communities on multiple occasions. Despite that, modern pseudolaw world-wide is remarkably similar, despite that pseudolaw host populations … Continue reading A Pathogen Astride the Minds of Men: The Epidemiological History of Pseudolaw → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Broadening our Understanding of Anti-Authority Movements in Canada

The Canadian Network for Research on Terrorism, Security, and Society; "Broadening our Understanding of Anti-Authority Movements in Canada" (2017) "Academic explorations of anti-authority movements are virtually non-existent in Canada. We have no reliable primary data or empirical insights into Freemen-on-the-Land (FOTL) or other similar contingents. What we do know comes largely from Associate Chief Justice … Continue reading Broadening our Understanding of Anti-Authority Movements in Canada → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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A Schema of Right-Wing Extremism in the United States

Sam Jackson; "A Schema of Right-Wing Extremism in the United States" (ICCT Policy Brief 2019 ) "Over the past two years, and in the wake of deadly attacks in Charlottesville and Pittsburgh, attention paid to right-wing extremism in the United States has grown. Most of this attention focuses on racist extremism, overlooking other forms of right-wing … Continue reading A Schema of Right-Wing Extremism in the United States → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Conspiracy Theories in the Patriot/Militia Movement

Sam Jackson; "Conspiracy Theories in the Patriot/Militia Movement" (2017) "This paper provides a primer on conspiracy theories in the patriot/militia movement. After introducing the movement, it describes the basic features of conspiracy theories. It then walks through several prominent and pervasive anti-government conspiracy theories, including those focusing on gun control, the Federal Emergency Management Agency … Continue reading Conspiracy Theories in the Patriot/Militia Movement → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Without Prejudice: What Sovereign Citizens Believe

J.M. Berger; "Without Prejudice: What Sovereign Citizens Believe" (2016) "When surveyed, United States law enforcement consistently ranks sovereign citizens as the top domestic extremist threat, even greater than that presented by homegrown jihadists. Despite the considerable size of the movement, estimated to include hundreds of thousands of adherents, few Americans know what sovereigns believe and … Continue reading Without Prejudice: What Sovereign Citizens Believe → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Uncommon law: understanding and quantifying the sovereign citizen movement

Michelle M. Mallek; "Uncommon law: understanding and quantifying the sovereign citizen movement" (2016) "This thesis examines possible reasons why some organizations overuse the term sovereign citizen. To do so, the thesis discusses various behaviors that sovereign citizens typically undertake, describes activities that the law enforcement community and researchers classify as sovereign citizen-related, and demonstrates the … Continue reading Uncommon law: understanding and quantifying the sovereign citizen movement → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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The sovereign citizen movement: the shifting ideological winds

Devon M. Bell; "The sovereign citizen movement: the shifting ideological winds" (2016) "The FBI has identified the Sovereign Citizen Movement (SCM) as a significant threat to the domestic security of the United States. The movement’s adherents are capable of significant acts of violence and creating civil unrest. They also embrace harassing tactics such as filing … Continue reading The sovereign citizen movement: the shifting ideological winds → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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A Rebellion of Furious Paper: Pseudolaw as a Revolutionary Legal System

Donald J. Netolitzky; "A Rebellion of Furious Paper: Pseudolaw as a Revolutionary Legal System" (2018) "Pseudolaw is a collection of legal-sounding but false rules that purport to be law. Though pseudolaw is now encountered by courts and government actors in many countries world-wide, pseudolaw is remarkably constant, nation-to-nation. This observation is explained by the crystallization … Continue reading A Rebellion of Furious Paper: Pseudolaw as a Revolutionary Legal System → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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A Revolting Itch: Pseudolaw as a Social Adjuvant

Donald J. Netolitzky; "A Revolting Itch: Pseudolaw as a Social Adjuvant" "Pseudolaw is a collection of legal-sounding but false rules that purport to be superior laws suppressed by conspiratorial actors. Pseudolaw replaces conventional law. Modern pseudolaw emerged around 2000 in right-wing and often racist US Sovereign Citizen communities, but has subsequently spread world-wide to groups … Continue reading A Revolting Itch: Pseudolaw as a Social Adjuvant →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Sovereign Citizens: A Psychological and Criminological Analysis

Christine M. Sarteschi; "Sovereign Citizens: A Psychological and Criminological Analysis" "This brief serves to educate readers about the sovereign citizen movement, presenting relevant case studies and offering suggestions for measures to address problems caused by this movement. Sovereign citizens are considered by the Federal Bureau of Investigation (FBI) to be a prominent domestic terrorist threat … Continue reading Sovereign Citizens: A Psychological and Criminological Analysis → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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Buck v. Attorney General [1965] Ch 745

In Buck v. Attorney General [1965] Ch 246, the claimant challenged the validity of an order in council giving effect to the Sierra Leone Independence Act 1961. The order used general enabling words, not expressly stating which power had been used for their creation. Wilberforce J. held that the result of those general enabling words … Continue reading Buck v. Attorney General [1965] Ch 745 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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The UK High Court application by the Great Australia Party

This is an application before the High Court in the United Kingdom by Rodney Culleton and Ors. The stated Orders sought by the applicants are: (a) To declare the status of the validity of the Australia Act 1986 (UK) and the status for recognition of the Australia Act 1986 (Cth). (b) To declare the validity … Continue reading The UK High Court application by the Great Australia Party → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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The Colonial Laws Validity Act 1865

The Colonial Laws Validity Act 1865 (28 & 29 Vict. c. 63) is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws". The purpose of the Act was to remove any apparent inconsistency between colonial and Imperial legislation. Thus … Continue reading The Colonial Laws Validity Act 1865 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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The Sovereign Citizen Movement: A Comparative Analysis with Similar Foreign Movements and Takeaways for the United States Judicial System

Mellie Ligon; "The Sovereign Citizen Movement: A Comparative Analysis with Similar Foreign Movements and Takeaways for the United States Judicial System" 35 Emory Int'l L. Rev. 297 (2021). "The Moorish Sovereign Citizens Movement began as an offshoot of the overarching Sovereign Citizens Movement in the United States in the 1990s by former followers of the … Continue reading The Sovereign Citizen Movement: A Comparative Analysis with Similar Foreign Movements and Takeaways for the United States Judicial System →Share this:TweetMoreShare on … Continue reading →

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The Grim Parade: Supreme Court of Canada Self Represented Appellants in 2017

Donald J. Netolitzky; "The Grim Parade: Supreme Court of Canada Self Represented Appellants in 2017" "Self-Represented Litigants are persons who appear in legal proceedings without a lawyer. This study is a document- and court record-based quantitative, statistically valid profile of 122 SRLs who filed 125 leave to appeal applications in the Supreme Court of Canada … Continue reading The Grim Parade: Supreme Court of Canada Self Represented Appellants in 2017 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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) →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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) →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like … Continue reading →

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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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De facto Officers

OPCA adherents often raise the proposition that if a judicial oath of office is somehow defective, it disqualifies the judge from the position, and his orders are coram non judice, or void. Under the De facto Officers Doctrine, the acts of a de facto public officer done in apparent execution of his office cannot be … Continue reading De facto Officers →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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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. "The judges of the Supreme Court are only coram, not judges!" is literally … Continue reading A Coram is not a Judge → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...

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