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 … Continue reading The sovereign citizen movement: the shifting ideological winds →

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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 … Continue reading A Rebellion of Furious Paper: Pseudolaw as a Revolutionary Legal System →

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 … Continue reading A Revolting Itch: Pseudolaw as a Social Adjuvant →

Sovereign Citizens: A Psychological and Criminological Analysis

Christine M. Sarteschi is on Twitter and operates a very comprehensive website “Sovereign Citizen Watcher” which tracks the movement in the US and around the world. Christine M. Sarteschi; “Sovereign Citizens: A Psychological and Criminological Analysis” “This brief serves to … Continue reading Sovereign Citizens: A Psychological and Criminological Analysis →

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 … Continue reading Buck v. Attorney General [1965] Ch 745 →

The UK High Court application by the Great Australian Party

Rodney Culleton of the Great Australian Party has consistently held that courts in Australia have no jurisdiction to hear the contentions he raises regarding the Royal Styles and Titles Act 1973 and the Australia Act 1986, and the only real … Continue reading The UK High Court application by the Great Australian Party →

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 … Continue reading The Colonial Laws Validity Act 1865 →

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

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 … Continue reading The Grim Parade: Supreme Court of Canada Self Represented Appellants in 2017 →

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 … 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 … Continue reading McFarlane v McFarlane [2021] VSC 197 →

Phoebe Lee Bennett

The West Australian: “Phoebe Lee Bennett slammed by Magistrate for ‘sovereign citizen’ claim after being caught speeding”: “A Dunsborough teenager caught speeding on Bussell Highway has been lambasted by a magistrate for “wasting the court’s time” after claiming she did … 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 … 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 … Continue reading Australasian Federation Conferences 1890-98 →

Altering State Constitutions

Wayne Glew’s video rants insist that the State constitutions passed after 1901 are invalid and generally that the original State constitutions are controlled and cannot be amended, repealed or otherwise changed without referendum. This contention was disposed of in his … Continue reading Altering State Constitutions →

Section 100 – Water rights

Section 100 of the Commonwealth Constitution provides: “Nor abridge right to use water: The 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 … 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 … 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 … 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 … 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 … 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” … 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 … 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 … Continue reading Understanding and debunking the pseudo-legal ‘sovereign citizen’ movement →

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 … Continue reading De facto Officers →

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 … 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, … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 … 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 →