Posts

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 credit at no cost whatsoever”. The appellants filed extracts from “a manual, “How to Screw … 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 a financial benefit for its "equitable interests" in the loan agreement and mortgage; that it … Continue reading Westpac Banking Corporation v Mason [2011] NSWSC 1241

Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143

In Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143 the court rejected the securitization argument contended by the appellants,  alleging that: "the respondent had 'sold' the mortgage and failed to disclose this, and the applicants had not received any consideration from the respondent, and that is why the applicants 'have to be paid by bill … Continue reading Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143

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 the right to enforce the mortgage flows from the mortgage agreement itself. "A similar matter … 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 I understand, however, from Mr Mills‑Edward's submissions to me, his grounds are intended to go … 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 loaning 'not cash currency of the Commonwealth of Australia' but "book entry credit created out … 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 the court observed: "... It is the task of Public Notaries by notarial act to … 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 were inoperative.  It was further contended that and the judges who had heard the earlier … 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 to create cost-free book-entry credit and that book-entry credit so created is valid in law … 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 and misleading practices. https://freemandelusion.files.wordpress.com/2020/10/re-adrian-allan-warner-and-julie-francis-warner-v-elders-rural-finance-limited-1992-fca-473.pdf The court noted it is well established that "A debit or … 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 Screw ‘Your’ Bank” in which a template statement of claim states banks create “book-entry credit … 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 to the Credit River decisions, and other references in a publication titled “How to screw … 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.”, so the loan was unsupported by consideration. It was further contended that the Magna Carta … Continue reading Arnold v State Bank of South Australia [1992] FCA 554

Atkinson v Commissioner of Taxation [2014] FCA 1217

In Atkinson v Commissioner of Taxation [2014] FCA 1217 the applicants sought a declaration that $112,500.00 in outstanding income tax had been paid by a bill of exchange. Peter Paalvast filed written submissions on behalf of the first and second applicants. The court noted: This is the third time this year that this Court has been … Continue reading Atkinson v Commissioner of Taxation [2014] FCA 1217

The Annotated Constitution of the Commonwealth of Australia

The original edition of the Annotated Constitution of the Commonwealth of Australia 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 with a purple cover, that in most copies has now unevenly faded in parts … Continue reading The Annotated Constitution of the Commonwealth of Australia

National Australia Bank Ltd v Joyce [2012] WASC 224

The respondents would not accept service of the banks documents for foreclosure, made allegations of trespass citing Plenty v Dillon (1991) HCA 5 1 and chased the applicants from the property. In National Australia Bank Ltd v Joyce [2012] WASC 224 2 they submitted that the court had no authority to act 'either under its … Continue reading National Australia Bank Ltd v Joyce [2012] WASC 224

David Fitzgibbon

Barrister David Fitzgibbon appeared in many cases attempting the contention that the Royal Style and Titles Act 1973 is invalid and unconstitutional, or that there was a "break in sovereignty" from the time of the Treaty of Versailles. among many other contentions that were settled in prior jurisprudence. Often Mr Fitzgibbon was instructed by Wayne … Continue reading David Fitzgibbon

What is an OPCA adherent?

The term "OPCA adherent" or "OPCA litigant" appears frequently through this website. "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 online, and the subject of this website. An "OPCA adherent" is one who adheres to … Continue reading What is an OPCA adherent?

Patrick Cusack

Patrick Cusack ran a variety of arguments based in the validity of the currency and also reliance on imperial enactments. In Cusack, Patrick Leo v Australian Electoral Commissioner [1984] FCA 400 1 the applicant sought review of decision not to accept the applicant's nomination for the House of Representatives Election unless it was accompanied by deposit … Continue reading Patrick Cusack

A new approach to vexatious litigation: Prevention through early intervention by the Registrar

Sterling Law; "A new approach to vexatious litigation: Prevention through early intervention by the Registrar" This paper discusses and analyses vexatious litigants in Queensland and the laws that apply to vexatious proceedings. It involves interviews with some declared vexatious litigants. This paper advocates for a greater involvement by the Registrar when deciding whether to accept … Continue reading A new approach to vexatious litigation: Prevention through early intervention by the Registrar

Vexatious litigants and unusually persistent complainants and petitioners: from querulous paranoia to querulous behaviour

Mullen, P. E.; Lester, G; "Vexatious litigants and unusually persistent complainants and petitioners: from querulous paranoia to querulous behaviour" In the legal profession and courts, a querulant (from the Latin querulus – “complaining”) is a person who obsessively feels wronged, particularly about minor causes of action. In particular the term is used for those who … Continue reading Vexatious litigants and unusually persistent complainants and petitioners: from querulous paranoia to querulous behaviour

The Sovereign Citizen Movement: An Empirical Study on the Rise in Activity, Explanations of Growth, and Policy Prescriptions

Brian S. Slater; "The Sovereign Citizen Movement: An Empirical Study on the Rise in Activity, Explanations of Growth, and Policy Prescriptions" Law enforcement officials have yet to determine how many Sovereigns are active in the United States, where they are concentrated, or whether the movement is gaining adherents. This thesis addresses the dearth of information … Continue reading The Sovereign Citizen Movement: An Empirical Study on the Rise in Activity, Explanations of Growth, and Policy Prescriptions

The Lone Terrorist in the Workplace / The Violent True Believer as a Lone Wolf – Psychoanalytic Perspectives on Terrorism

J. Reid Meloy and Jessica Yakeley; "The Lone Terrorist in the Workplace”  and “The Violent True Believer as a “Lone Wolf” – Psychoanalytic Perspectives on Terrorism"  The authors explicitly group OPCA ideologies with the beliefs of right wing hate groups and ultra conservative Islamic groups such as ISIS and Al Qaeda, possessing a potential source for the … Continue reading The Lone Terrorist in the Workplace / The Violent True Believer as a Lone Wolf – Psychoanalytic Perspectives on Terrorism

The Sovereign Citizen Movement and Fitness to Stand Trial

Jennifer Pytyck and Gary A. Chaimowitz "The Sovereign Citizen Movement and Fitness to Stand Trial" The authors investigate the mental health implications of OPCA affiliates’ bizarre language and paranoid ideas. They conclude that the beliefs and consequential conduct are not the product of a mental disorder but instead is a form of paranoid political belief: … Continue reading The Sovereign Citizen Movement and Fitness to Stand Trial

The Australia Act 1986

According to the long title of the Australia Act 1986, its purpose was "to bring constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". The Australia Acts (Cth and UK) eliminated the remaining possibilities for the UK to … Continue reading The Australia Act 1986

Pickin v British Railways Board (1974) AC 765

Pickin v British Railways Board (1974) AC 765 "When an enactment is passed there is finality unless and until it is amended or repealed by Parliament.  In the Courts there may be argument as to the correct interpretation of the enactment: there must be none as to whether it should be on the statute book … Continue reading Pickin v British Railways Board (1974) AC 765

The Statute of Westminster Adoption Act 1942

The Statute of Westminster 1931 was brought into effect in Australia by the Statute of Westminster Adoption Act 1942. Section 2 deals with the Validity of laws made by Parliament of a Dominion (28 and 29 Vict. c. 63): 1. The Colonial Laws Validity Act, 1865, shall not apply to any law made after the … Continue reading The Statute of Westminster Adoption Act 1942

The Balfour Declaration 1926

The Balfour Declaration agreed to at the Imperial Conference of 1926 declared that the self-governing dominions were to be regarded as “…autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, … Continue reading The Balfour Declaration 1926

Domestic Implementation of International Human Rights Norms

Michael Kirby AC CMG.; "Domestic Implementation of International Human Rights Norms " The Bangalore Principles state, in effect: 1. International law (whether human rights norms or otherwise) is not, in most common law countries part of domestic law. 2. Such law does not become part of domestic law until Parliament so enacts or the judges … Continue reading Domestic Implementation of International Human Rights Norms

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) a person is deemed as possessing or trafficking drugs if they are found on the … Continue reading Momcilovic v The Queen & Ors [2011] HCA 34

The Law of Nations

Emerich de Vattel; "The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns" is a legal treatise on international law published in 1758, and has been said to have modernized the entire practice of international law. Vattel’s Law of Nations was translated into English in 1760, … Continue reading The Law of Nations

Pawlak v Police [2017] SASC 40

In Pawlak v Police [2017] SASC 40 the appellant appealed his speeding camera fine on numerous grounds, such as the accuracy of the readings taken by the device, challenges to the jurisdiction of the Magistrates Court as it did not conform to Chapter III of the Commonwealth Constitution, and demanded proof that the Road Traffic … Continue reading Pawlak v Police [2017] SASC 40

Kuipers-Lloyd v Police [2013] SASC 137

In Kuipers-Lloyd v Police [2013] SASC 137 the defendant was convicted of a speeding offence via a speed camera and appealed against the conviction.  The defendant’s notice of appeal advanced several contentions, including compliance with the National Measurements Act 1960 (Cth).  "The defendant first contended that the Magistrate erred in failing to recognise the proceeding as … Continue reading Kuipers-Lloyd v Police [2013] SASC 137

Millington v Police [2015] SASC 52

In Millington v Police [2015] SASC 52 the appellant had been convicted of a speeding offence via a speed camera and appealed the conviction. He alleged that the photographic evidence did not meet the requirements of the Evidence Act 1929, or the relevant certificates that of the National Measurement Act, and the accuracy that of … Continue reading Millington v Police [2015] SASC 52

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 firearms were held by him in the Province of Bumbunga, (an area covering about eight … Continue reading Brackstone v Police [1999] SASC 35

Brian Charles Fyffe

In Fyffe v State of Victoria [1999] VSCA 196 the applicant, who was renting a property through the Ministry for Conservation, Forests and Lands, claimed to have seceded the property from the State of Victoria, and by virtue of his diplomatic status he and the land are protected by international law from any claimed sovereignty … Continue reading Brian Charles Fyffe

Leone & Cino [2016] FamCAFC 224

Leone & Cino [2016] FamCAFC 224 (from 17) "The husband filed a notice of discontinuance on 13 October 2015 in which he sought to discontinue the whole of his initiating application filed on 23 April 2013. At [3] of her reasons for judgment, the primary judge said: In addition to filing the Notice of Discontinuance, … Continue reading Leone & Cino [2016] FamCAFC 224

Woolnough & Anor v Isaac Regional Council [2019] QSC 54

Woolnough & Anor v Isaac Regional Council [2019] QSC 54: 3. There remains a final matter to consider. At the outset of the trial on 27 August 2018 I noted a document filed by the plaintiffs bore a stamp endorsement worded “Commonwealth of Australia 1955 Public Official”. I enquired of the Woolnoughs whether either of … Continue reading Woolnough & Anor v Isaac Regional Council [2019] QSC 54

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 Federal jurisdiction has been conferred under Ch III of the Constitution. He claims to be a Commonwealth public … Continue reading Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312

Tatana v Commonwealth DPP [2011] VSC 367

Tatana v Commonwealth DPP [2011] VSC 367: The applicant, who appears in person, seeks to appeal to this Court from orders made by the Magistrates’ Court at Melbourne on 22 February 2011. On that day, the Magistrates’ Court struck out a multitude of charges filed by the applicant ostensibly as a “Commonwealth Public Official” against 17 … Continue reading Tatana v Commonwealth DPP [2011] VSC 367