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 … Continue reading Understanding and debunking the pseudo-legal ‘sovereign citizen’ movement →

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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 … Continue reading The Poor Can Feed The Birds on Sovereign Citizens →

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

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 … Continue reading The Doctrine of Judicial Immunity →

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 … 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, … 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 … Continue reading Poonon Pty Ltd v Deputy Commissioner of Taxation [1999] NSWSC 1121 →

Matchett & Lattimore v Deputy Commissioner of Taxation [2000] NSWSC 975

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 the plaintiffs were successfully sued … Continue reading Matchett & Lattimore v Deputy Commissioner of Taxation [2000] NSWSC 975 →

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 … 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 … 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 … Continue reading Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] HCA 26 →

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

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 … Continue reading The Civil Conscription Argument – Section 51(xxiiiA) →

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.com/wp-content/uploads/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.com/wp-content/uploads/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, 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 … 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

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

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 … Continue reading Plenty v Dillon (1991) HCA 5 →

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 … 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 … Continue reading Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 →

Shields v Cbfc Limited [1994] FCA 1311

In Shields v Cbfc Limited [1994] FCA 1311 the appellants alleged bias by the primary judge, denying that they were obliged to make payments on a rent contract because the alleged debt was “created by the respondent as a book entry … Continue reading Shields v Cbfc Limited [1994] FCA 1311 →

Westpac Banking Corporation v Mason [2011] NSWSC 1241

In Westpac Banking Corporation v Mason [2011] NSWSC 1241 the defendants attempted to avoid foreclosure arguing that securitizing a loan is misleading, deceptive, and unconscionable conduct, and that the bank could not enforce the loan agreement, as it had: “…already received … Continue reading Westpac Banking Corporation v Mason [2011] NSWSC 1241 →

RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526

In RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526 the respondent resisted an attempt to foreclose on her property, arguing that the mortgage could not be enforced because it had been securitized. The court struck out the pleadings responding that … Continue reading RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526 →

Mills-Edward v Russell [2011] WADC 9

In Mills-Edward v Russell [2011] WADC 9 the appellant argued the lower court decision was invalid because the court was not a Chapter III court and that the magistrate swore an oath of allegiance to “the State of Western Australia”. “As … Continue reading Mills-Edward v Russell [2011] WADC 9 →

Flynn v National Australia Bank [2009] WASCA 168

In Flynn v National Australia Bank [2009] WASCA 168 the applicant sought a stay of a foreclosure order, with a “series of propositions appearing under the heading ‘Philosophical Argument,’ the central tenet of which seems to be that the bank was … Continue reading Flynn v National Australia Bank [2009] WASCA 168 →

Donnellan v Garlick [2006] NSWSC 132

In Donnellan v Garlick [2006] NSWSC 132 the respondent served “quite inappropriate documents” on the court, such as “Letters Rogatory”, “Deed of Security”, “Certificate of Protest and Non-Response” which indicate a foisted contract was attempted. The documents were also notarized, as … Continue reading Donnellan v Garlick [2006] NSWSC 132 →

Helljay Investments Pty Ltd v Deputy Commissioner of Taxation [1999] HCA 56

In Helljay Investments Pty Ltd v Deputy Commissioner of Taxation [1999] HCA 56 the director of a company resisted a bankruptcy proceeding, alleging a break in the sovereignty of Australia at the Treaty of Versailles meant that current law and courts … Continue reading Helljay Investments Pty Ltd v Deputy Commissioner of Taxation [1999] HCA 56 →

Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54

In Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54 the plaintiffs claimed that the loan was created by “book-entry credit” and is therefore false, misleading, and should not be enforced, and insisted if the bank was “entitled … Continue reading Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54 →

Re Warner v Elders Rural Finance Limited [1992] FCA 473

In Re Warner v Elders Rural Finance Limited [1992] FCA 473 the applicants sought to invalidate a mortgage alleging that all the bank had offered was a “book-entry credit created at no cost” and therefore the bank was engaging in deceptive … Continue reading Re Warner v Elders Rural Finance Limited [1992] FCA 473 →

Estate of Napier v National Australia Bank Ltd [1992] FCA 167

In Estate of Napier v National Australia Bank Ltd [1992] FCA 167 the executor argued the loan was “… merely accounting items entered in account books”, did not constitute valuable consideration, relying on a text by Laurence Hoins titled “How to … Continue reading Estate of Napier v National Australia Bank Ltd [1992] FCA 167 →

Fisher v Westpac Banking Corporation [1992] FCA 390

In Fisher v Westpac Banking Corporation [1992] FCA 390, the plaintiffs alleged a misleading and deceptive, criminal conspiracy by all the bank to strip them of their assets, purporting “book entries which did not represent the commitment of “legal tender”, referring … Continue reading Fisher v Westpac Banking Corporation [1992] FCA 390 →

Arnold v State Bank of South Australia [1992] FCA 554

In Arnold v State Bank of South Australia [1992] FCA 554 the applicants sought to block a foreclosure on their farm, alleging that “… the mortgage involved the creation by the State Bank of a book-entry credit at no cost to itself.”, … Continue reading Arnold v State Bank of South Australia [1992] FCA 554 →

The Annotated Constitution of the Australian Commonwealth

The original edition of the Annotated Constitution of the Australian Commonwealth by John Quick and Robert Garran was published by Angus and Robertson Sydney in 1901 yet remains widely consulted and cited in constitutional law cases today. It was originally published … Continue reading The Annotated Constitution of the Australian Commonwealth →

Dick Yardley

Dick Yardley wrote “Australian Political & Religious Leaders Treason, Treachery and Sabotage” (updated 2017), which is a collection of many of the Australian domestic pseudolaw arguments, some which originated with the Institute of Taxation Research through a publication by the … Continue reading Dick Yardley →

Neil Piccinin

In Petrie, Trustee of the Property of Aitken (Bankrupt) v Aitken [2019] FCCA 16, Neil Piccinin was granted leave to appear on behalf of the respondents. The Trustee submitted that arguments the same or substantially similar to those mounted in … Continue reading Neil Piccinin →

The Office of Prime Minister

It is a common misconception that since the Office of Prime Minister is not mentioned in the Constitution, then it shouldn’t exist. As Professor Gordon Reid stated in ‘The double dissolutions and joint sitting commentaries’, in Gareth Evans (ed.), Labor … Continue reading The Office of Prime Minister →

What is an OPCA adherent?

The term “OPCA adherent” or “OPCA litigant” appears frequently through this encyclopedia. “OPCA” is an acronym of the term “Organized Pseudolegal Commercial Argument” which is the main type of pseudo legal contention being raised in courts, and in popular intercourse … Continue reading What is an OPCA adherent? →

Sue Maynes

Sue Maynes is an OPCA adherent in New South Wales. The Maynes had initially challenged the constitutionality of land rates, which inevitably led to the loss of their property, their bankruptcy, and subsequently the end of Sue Maynes position as a … Continue reading Sue Maynes →

Momcilovic v The Queen & Ors [2011] HCA 34

In Momcilovic v The Queen & Ors [2011] HCA 34 Vera Momcilovic appealed against her conviction for drug trafficking in 2008. Ms Momcilovic was charged after living with a convicted trafficker who had stored drugs in her home. Under the Victorian Drug Act (1981) … Continue reading Momcilovic v The Queen & Ors [2011] HCA 34 →

Brackstone v Police [1999] SASC 35

In Brackstone v Police [1999] SASC 35 the appellant was convicted of possession of firearms whilst not holding a licence, and subsequently appealed the conviction and sentence. He argued that he was not obliged to have a licence as the … Continue reading Brackstone v Police [1999] SASC 35 →

Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312

Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312: “The appellant has subsequently asserted that he is a Commonwealth public official, Commonwealth entity or authority so that his matters must be dealt with in a court upon which … Continue reading Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312 →