Tag: Assent Issues

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 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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  →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

The Institute of Taxation Research and Wayne Levick

The Institute of Taxation Research was formed in 1998, promising that one could make any tax liability voluntary if they used their services. The strategy centered around the proposition that the taxation legislation is invalid, as the whole legal system … Continue reading The Institute of Taxation Research and Wayne Levick →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Hopes v Australian Securities and Investments Commission [2016] WASC 198

In Hopes v Australian Securities and Investments Commission [2016] WASC 198 the appellant resisted the liquidation of his company, alleging that the Commonwealth Parliament lacked power to enact the Royal Style and Titles Act 1973 (Cth) meaning that legislation passed since the … Continue reading Hopes v Australian Securities and Investments Commission [2016] WASC 198 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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 in 1919, … Continue reading David Fitzgibbon →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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 … Continue reading Pawlak v Police [2017] SASC 40 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

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, … Continue reading Millington v Police [2015] SASC 52 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216

The respondent made an application for review of the making of a sequestration order against his estate, but the court ordered that the application for review be dismissed, and published its reasons for judgment in Ledger Acquisitions Australia MB Pty … Continue reading Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Christie v Commissioner of Police [2014] QDC 70

The applicant was convicted of a driving offence ex parte as he did not appear, because he had sent correspondence which was not responded to, and therefore he believed a private agreement had been achieved. He contended in this correspondence … Continue reading Christie v Commissioner of Police [2014] QDC 70 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

National Australia Bank v Walter [2004] VSC 36

In National Australia Bank v Walter [2004] VSC 36 the applicants raised a number of unorthodox arguments, including entitlement to trial by jury under Magna Carta, contended that the Constitution Act 1975 (Vic) is invalid on the ground that there … Continue reading National Australia Bank v Walter [2004] VSC 36 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

James Bowes

James Bowes is an OPCA adherent in Queensland, a truck driver, who has a Facebook page and a YouTube channel "barefootbowie". He was quite involved years ago with following cannon law and other aspects initially raised by Frank O'Collins, with the … Continue reading James Bowes →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Flowers v State of New South Wales [2020] NSWSC 526

In Flowers v State of New South Wales [2020] NSWSC 526 the applicant sought to order that his claim for damages for malicious prosecution be heard by a jury, and that his application for a jury should itself be determined … Continue reading Flowers v State of New South Wales [2020] NSWSC 526 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Joosse v Australian Securities and Investment Commission [1998] HCA 77

In Joosse v Australian Securities and Investment Commission [1998] HCA 77 the applicants contended that there had been "...an unremedied, perhaps even irremediable, "break in sovereignty" in Australia" by the Treaty of Versailles so that subsequent legislation is invalid, and further … Continue reading Joosse v Australian Securities and Investment Commission [1998] HCA 77 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Mike Palmer

Mike Palmer operates Know Your Rights Group and Aussie Speeding Fines, both websites promote many OPCA concepts and sells booklets of the same titles. Like the multi-level marketing strategies employed by the Institute of Taxation Research, Mike Palmer actively employs an … Continue reading Mike Palmer →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Demand the court provide proof of Assent and Proclamation

Section 143 of the Evidence Act 1995 (Cth): Part 4.2—Judicial notice - 143  Matters of law (1)  Proof is not required about the provisions and coming into operation (in whole or in part) of: (a)  an Act, a State Act, an Act … Continue reading Demand the court provide proof of Assent and Proclamation →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Sill v City of Wodonga [2017] VSC 671

Sill v City of Wodonga [2017] VSC 671 This is a case about a disputed $22.50 dog licence fee.  To use the words of the applicant in his written case: "This case started with a notice from my Local Government … Continue reading Sill v City of Wodonga [2017] VSC 671 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Barrett-Lennard v Bembridge [2015] WASC 353

In BarrettLennard -v- Bembridge [2015] WASC 353 the appellant contended Biblical law is supreme and that the magistrate refused to hear Biblical references as vowed to be upheld by its supreme governor Queen Elizabeth II in her Coronation oath, and that due … Continue reading Barrett-Lennard v Bembridge [2015] WASC 353 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Fekete v Child Support Registrar [2016] FamCAFC 145

Fekete v Child Support Registrar [2016] FamCAFC 145 The applicant filed a Notice to Produce, seeking production of "...a Certified Copy of the Proclamation certificate of the Child Support (Registration and Collection) Act 1988 as well as certified copies of … Continue reading Fekete v Child Support Registrar [2016] FamCAFC 145 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Kosteska v Magistrate Manthey & Anor [2013] QCA 105

Kosteska v Phillips; Kosteska v Commissioner of Police [2011] QCA 266 The applicant contended that the Court of Appeal was not a lawfully established court and raised a complaint that the only form of legal tender was gold or silver … Continue reading Kosteska v Magistrate Manthey & Anor [2013] QCA 105 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310

In Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310 the appellant contended that the Governor General was not validity appointed, and thus the judges appointment was not valid. The Court held that the Governor-General was appointed … Continue reading Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Petrie; Trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16

In Petrie; Trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16 the applicant sought orders under s.30 of the Bankruptcy Act 1966 (Cth) for declarations with respect to property ownership, and orders for delivery up of possession … Continue reading Petrie; Trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16 →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Christopher James David Summers

"Has the Queen enacted it?" An extremely patient Queensland police officer has been praised online for his tact, when dealing with a man who insisted he could not legally be breathalysed until he was shown a proclamation certificate signed by the … Continue reading Christopher James David Summers →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Michael Nibbs

Michael Nibbs contended so many different very common Australian pseudo legal themes in this case it is among my favourites, but I suppose the main point is the objection raised regarding judicial oath of office. Before the Promissory Oaths Act 2015, … Continue reading Michael Nibbs →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Wayne Glew

Wayne Kenneth Glew has an extensive OPCA and constitutional litigation history.  In fact, the decisions made in Wayne's cases are relied upon, whenever similar contentions are brought before courts today, and in many cases they have become precedent in the particular … Continue reading Wayne Glew →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

The Governor General / Letters Patent

There is a number of myths surround the assent of legislation, such as that the Queen needs to personally assent all legislation for it to be valid, and that the Governor General has not been properly sworn in under Letters … Continue reading The Governor General / Letters Patent →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Brian Shaw

Brian Shaw argues with a non-existent court One of my favourite passages from Brian Shaw's cases, that really highlights the paradox and internal inconsistency that OPCA litigants in general create for themselves, was stated by Maxwell P in Shaw v … Continue reading Brian Shaw →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.

Show me the Proclamation Certificate!

In 2017, an extremely patient Queensland police officer was praised online for his tact, when dealing with Christopher James David Summers, a man who insisted he could not legally be breathalysed until he was shown a ‘proclamation certificate’ signed by … Continue reading Show me the Proclamation Certificate! →
To access the encyclopedia content, please renew your Annual Membership. If you are already a member, Log in here to be redirected back to this page. Alternatively, documents are available on the homepage.