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, who argued that the Acts were not passed by a validly elected Senate as required by … 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 court noted was the subject of the judgments of Hayne J in Joosse v Australian … Continue reading Poonon Pty Ltd v Deputy Commissioner of Taxation [1999] NSWSC 1121

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 delivered, and these also raised similar issues for determination. Counsel for all the plaintiffs was … 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 Gowrie VC as Governor-General and in the giving of Royal Assent to the Income Tax … Continue reading Miller v Chapman [2001] FCA 105

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 has no basis in law and the constitution is invalid, so there is no basis in … Continue reading The Institute of Taxation Research and Wayne Levick

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 commencement of the 1973 Act, including the Corporations Act, had not received Royal Assent as … Continue reading Hopes v Australian Securities and Investments Commission [2016] WASC 198

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, Mr 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 constitutional arguments which are propounded in the s 78B notice and the written outline are without … 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; 45 ATR 262

In Money Tree Management Service Pty Ltd v Deputy Commissioner of Taxation (No 3) [2000] SASC 286; 45 ATR 262 the appellants raised a challenge against the validity of the commission and appointments of the Office of Governor and Chief Justice. “That the judicial commission of his Honour the Chief Justice issued by the Governor of … Continue reading Money Tree Management Service Pty Ltd v Deputy Commissioner of Taxation (No 3) [2000] SASC 286; 45 ATR 262

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

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

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

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 Ltd v Kiefer [2014] FCCA 2216. The grounds in the submissions challenged the jurisdiction of … Continue reading Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216

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 that he was not bound by statutory laws as he is not a citizen of … Continue reading Christie v Commissioner of Police [2014] QDC 70

National Australia Bank v Walter [2004] VSC 36; 1 BFRA 509

In National Australia Bank v Walter [2004] VSC 36; 1 BFRA 509 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 is no proof that Queen Elizabeth II gave it royal assent, and … Continue reading National Australia Bank v Walter [2004] VSC 36; 1 BFRA 509

James Bowes

James Bowes is an OPCA adherent in Queensland, a truck driver, who has a Facebook page 1 and a YouTube channel "barefootbowie" 2. He was quite involved years ago with following cannon law and other aspects initially raised by Frank O'Collins, 3 with the atypical strawman and common law motifs that identify the ideology, as … Continue reading James Bowes

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 by a jury. In a very impressive document headed “Challenge to the Jurisdiction of the … Continue reading Flowers v State of New South Wales [2020] NSWSC 526

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 contended that since the references in the Constitution to the Queen were intended as references to the … Continue reading Joosse v Australian Securities and Investment Commission [1998] HCA 77

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. Despite Mike Palmer failing in his own cases submitting the very contentions he promotes, he continues to sell his flawed ideas to other gullible people for financial gain. Mike Palmer's Facebook page … Continue reading Mike Palmer

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 or Ordinance of a Territory or an Imperial Act in force in Australia; or (b)  … Continue reading Demand the court provide proof of Assent and Proclamation

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 Office in Wodonga, the notice said I had to pay for a $22.50 annual dog … Continue reading Sill v City of Wodonga [2017] VSC 671

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 to Deuteronomy 4:2 Christians cannot be compelled to hold a drivers licence, give accurate details … Continue reading Barrett-Lennard v Bembridge [2015] WASC 353

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 all Proclamation certificates for any and all amendments made to the Child Support (Registration and … Continue reading Fekete v Child Support Registrar [2016] FamCAFC 145

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 coin, in defence of a cannabis charge. Of note in this case is the references … Continue reading Kosteska v Magistrate Manthey & Anor [2013] QCA 105

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 to his office in accordance with the current Letters Patent (as amended on 11 May … Continue reading Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310

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 and sale of the property, and is made by the bankruptcy trustee of the first … Continue reading Petrie; Trustee of the property of Aitken (Bankrupt) v Aitken & Ors [2019] FCCA 16

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 Queen. The driver recorded his tense conversation with the officer, the clip has since received … Continue reading Christopher James David Summers

Nibbs v Devonport City Council [2015] TASSC 34

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, Magistrates and Justices were required to take and subscribe the judicial oath prescribed by the … Continue reading Nibbs v Devonport City Council [2015] TASSC 34

Wayne Glew

Wayne Kenneth Glew 1 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 point of law. Here is a brief summary of cases past:  Glew & … Continue reading Wayne Glew

The Governor General / Letters Patent

(1) The Queen needs to personally assent legislation "It has been declared by a number of High Court judges that the Governor-General, as the Queen's representative, possesses the prerogatives of the Crown relevant to the Federal Government's sphere of responsibility, which includes, for example, all matters relating to external affairs." - Volume 1 of the … Continue reading The Governor General / Letters Patent

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 the Queen. 1 Constitutional theorists like Wayne Glew, Sue Maynes, and most others have trouble … Continue reading Show me the Proclamation Certificate!