In the 2014 documentary "King's Seal" 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) which provides: "PROVIDED ALWAYS that nothing in these our Letters Patent contained shall affect or be construed to affect the rights of any Aboriginal Natives … Continue reading Kings Seal – Letters Patent 1836
Tag: Aboriginal Sovereignty
Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742
ANZ provided various facilities to Glenevan Pty Ltd, a company of which Mr and Mrs Evans were the sole directors. The facilities were secured by guarantees given Mr and Mrs Evans and mortgages over three properties and two vehicles. In February 2015, the company was placed into liquidation, resulting in an event of default occurring. … Continue reading Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742
The Queen v Kevin Buzzacott [2004] ACTSC 89
In The Queen v Kevin Buzzacott [2004] ACTSC 89 the defendant was committed for trial in relation to an allegation of theft. It was alleged that he removed a bronze Australian Coat of Arms from a pillar at the front of old Parliament House, and took it to the Aboriginal Tent Embassy. The principal argument … Continue reading The Queen v Kevin Buzzacott [2004] ACTSC 89
Anderson v Kerslake [2013] QDC 262
The appellant was convicted for failure to vote at an election without a valid and sufficient excuse. In Anderson v Kerslake [2013] QDC 262 Nerissa Anderson appealed the decision as "Nerissa of the Ngadjon-Jii Tribe" arguing she did not make a plea, that her birth certificate documentation was altered, that she is not an Australian … Continue reading Anderson v Kerslake [2013] QDC 262
Ngurampaa Ltd v Balonne Shire Council [2014] QSC 146
The Balonne Shire Council levied general rates upon the property owned by Ngurampaa Limited in the amount of $3,062.80, which the applicant failed to pay, and summary judgment was awarded against the applicant and in favour of the council in a proceeding brought to recover the overdue rates. The applicant sought an order that the … Continue reading Ngurampaa Ltd v Balonne Shire Council [2014] QSC 146
R v Anning [2013] QCA 263
R v Anning [2013] QCA 263 was an appeal from a conviction on a single count of unlawful use of a motor vehicle. In the appellants submissions was a document entitled Notice of Rebuttal of Claim to Title to Land and Claim of Right, which asserted that the state of Queensland had no power to … Continue reading R v Anning [2013] QCA 263
Lacey v Earle [2014] ACTSC 397
In Lacey v Earle [2014] ACTSC 397, the appellant was convicted of driving offences, including using an unregistered and uninsured vehicle, exceeding the speed limit, and failing to provide her name. She challenged the jurisdiction of the courts to deal with the offences on the basis that she is an Aboriginal person over whom the courts … Continue reading Lacey v Earle [2014] ACTSC 397
Australian Law As Applied To Aborigines
As held in R v Wedge [1976] 1 NSWLR 581, English law recognises three methods of acquisition of foreign land - conquest, cessation and settlement. Settlement occurs when a colony is founded in a land in which there are no settled inhabitants or a settled system of law. In such a case, English law is … Continue reading Australian Law As Applied To Aborigines
The Pacific Islanders Protection Acts
The Pacific Islanders Protection Acts of 1872 and 1875 are misconstrued by many Aboriginal activists as preventing the colonial governments from expanding their territories or otherwise interfering with the sovereignty and rights of the indigenous peoples in Australia without their consent. Both the Pacific Islanders Protection Acts of 1872 and 1875 were repealed by Schedule 2 of … Continue reading The Pacific Islanders Protection Acts
Walker v New South Wales [1994] HCA 64
JURISDICTION - ALL ARE EQUAL BEFORE THE LAW Walker v New South Wales [1994] HCA 64: "The proposition must be rejected. It is a basic principle that all people should stand equal before the law. A construction which results in different criminal sanctions applying to different persons for the same conduct offends that basic principle … Continue reading Walker v New South Wales [1994] HCA 64
Governed under the Flora and Fauna Act
There are several misunderstandings regarding the effect of the national vote on the Constitution Alteration (Aboriginal People) more commonly known today as simply the 1967 referendum. At the time, Australian voters had backed only four of 24 constitutional referendums in all the years since Federation in 1901. This one passed with more than 90 per … Continue reading Governed under the Flora and Fauna Act
Mark McMurtrie
A burgeoning faction of Freemen have been targeting Indigenous audiences in Australia. A taste of the subculture can be gleaned online, in groups such as the Tribal Sovereign Parliament of Gondwana Land, the Original Sovereign Tribal Federation (OSTF) and the Original Sovereign Confederation. The last of these repeats the now-familiar admiralty law myth on its Facebook … Continue reading Mark McMurtrie
Aboriginal Sovereignty or Native Title?
The adoption of foreign OPCA and Sovereign Citizen concepts by Australian groups has caused a distortion of Aboriginal sovereignty philosophy. Traditionally, an aboriginal activist will claim there was no treaty with their people, therefore sovereignty was never ceded, and they will subsequently disregard any system of law other than customary tribal lore. They generally didn't … Continue reading Aboriginal Sovereignty or Native Title?
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