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 Taxation. The appellant appealed his conviction and sentence on grounds that included the Magistrates Court … Continue reading O’Hagan v Commissioner of Taxation [2020] QDC 288 →

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 →

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 →

Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72

The applicant was born in the United Kingdom and entered Australia in 1974. At the time of his settlement in Australia with his parents, the applicant was a citizen of the United Kingdom and Colonies, a member of a class of persons who were "British subjects", who were expressly excluded from the definition of "alien" … Continue reading Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72 →

Sacco v The Queen [2018] VSCA 353

The applicant was found guilty of attempting to pervert the course of justice, in DPP v Sacco (Unreported, County Court of Victoria, Judge Murphy, 10 August 2018) and appealed the conviction on the ground that a ‘substantial miscarriage of justice' had occurred in Sacco v The Queen [2018] VSCA 353. In her submissions was an eight page document … Continue reading Sacco v The Queen [2018] VSCA 353 →

Attorney-General (WA) v Marquet (2003) HCA 67

In Attorney-General (WA) v Marquet (2003) HCA 67, the High Court found the continuance of the constitutions of the States pursuant to section 106 of the Constitution was subject to any Commonwealth law enacted pursuant to a grant of legislative power under section 51(xxxviii) of the Constitution and therefore the Australia Acts 1986 were valid. Download

Hou v Westpac Banking Corporation [2015] VSCA 57

Summary judgments were made regarding a mortgage recovery, and as there was no appearance by the defendants, reasons were not pronounced in court and subsequently a request was made for reasons for appeal, which were given in Westpac Banking Corporation v Qin Qin Hou and Savvas Kanakaridis [2014] VSC 330 and Westpac Banking Corporation v … Continue reading Hou v Westpac Banking Corporation [2015] VSCA 57 →

Sharples v Arnison [2001] QCA 518; [2002] 2 Qd R 444

Section 53 of the Constitution Act 1867 (Qld) provides that any Bill that expressly or impliedly provides for the alteration of the office of the Governor of Queensland or ‘in any way affects’ certain specified sections must be approved at a referendum before it becomes a law. The argument in Sharples v Arnison [2001] QSC … Continue reading Sharples v Arnison [2001] QCA 518; [2002] 2 Qd R 444 →

Peter Scott Haughton

Peter Scott Haughton ran a series of cases in 2019-2021, heavily influenced by the assertions of a range of constitutional theorists. His story is a sad tale of ruin due to the adoption of the OPCA mindset, from successful businessman to a bankrupt. According to Dun & Bradstreet "The Trustee for Peter Haughton Family Trust Company … Continue reading Peter Scott Haughton →

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 →

The Australia Act 1986

The Australia Act 1986 is often raised by OPCA adherents in Australia as having replaced the Commonwealth Constitution 1901 without referendum. This is factually incorrect as it was solely to do with the States relationship with the UK not the Commonwealth. The theory is based on a misconception of the changes to constitutional relations between Australia … Continue reading The Australia Act 1986 →