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 

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

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

Attorney-General (WA) v Marquet (2003) HCA 67 The High Court found the Australia Acts 1986 were valid and the continuance of the Constitution 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 s 51(xxxviii) of the Constitution. https://freemandelusion.files.wordpress.com/2020/10/attorney-general-wa-v-marquet-2003-hca-67.pdf . https://jade.io/article/68440 https://freemandelusion.files.wordpress.com/2020/10/attorney-general-wa-v-marquet-2003-hca-67.pdf

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

Sharples v Arnison [2001] QSC 56: 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 … 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 2019-2020, here are a few of those that are published. (1) Haughton v Roder [2019] SASC 199  (2) Haughton v Chapman [2019] SASC 200  (3) Haughton v Australia And New Zealand Banking Group Ltd [2019] SASC 198 (4) Haughton v Australia and New Zealand Banking Group … 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 1  is often raised by OPCA adherents in Australia as having replaced the Commonwealth Constitution 2 without referendum. This is factually incorrect as it was more 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 … Continue reading The Australia Act 1986