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
Tag: Chapter III Court
Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64
In Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64 the applicants applied for an order appointing an administrator to a strata scheme which contains 13 lots. The owners of Lot 1, (which was used as a caravan park and was substantially greater than the remaining lots) declined to participate … Continue reading Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64
Jakaj v Kinnane [2019] ACTSC 71
The applicant was convicted of using a mobile phone while driving a motor vehicle. He had a right of appeal from the orders made by the ACT Magistrates Court but he did not seek to exercise that right, and instead sought judicial review of the Magistrate’s decision in Jakaj v Kinnane [2019] ACTSC 71. There … Continue reading Jakaj v Kinnane [2019] ACTSC 71
Mills-Edward v Russell [2011] WADC 9
In Mills-Edward v Russell [2011] WADC 9 the appellant argued the lower court decision was invalid because the court was not a Chapter III court and that the magistrate swore an oath of allegiance to "the State of Western Australia". "As I understand, however, from Mr Mills‑Edward's submissions to me, his grounds are intended to go … Continue reading Mills-Edward v Russell [2011] WADC 9
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
Brian Charles Fyffe
Herald Sun: "Farmer plans own kingdom": In Fyffe v State of Victoria [1999] VSCA 196 the applicant, who was renting a property through the Ministry for Conservation, Forests and Lands, claimed to have seceded the property from the State of Victoria, and by virtue of his diplomatic status he and the land are protected by … Continue reading Brian Charles Fyffe
Woolnough & Anor v Isaac Regional Council [2019] QSC 54
Woolnough & Anor v Isaac Regional Council [2019] QSC 54: 3. There remains a final matter to consider. At the outset of the trial on 27 August 2018 I noted a document filed by the plaintiffs bore a stamp endorsement worded “Commonwealth of Australia 1955 Public Official”. I enquired of the Woolnoughs whether either of … Continue reading Woolnough & Anor v Isaac Regional Council [2019] QSC 54
Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312
Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312: "The appellant has subsequently asserted that he is a Commonwealth public official, Commonwealth entity or authority so that his matters must be dealt with in a court upon which Federal jurisdiction has been conferred under Ch III of the Constitution. He claims to be a Commonwealth … Continue reading Althaus v Australia Meat Holdings Pty Ltd & Ors [2010] QCA 312
Tatana v Commonwealth DPP [2011] VSC 316
Tatana v Commonwealth DPP [2011] VSC 316: "The applicant, who appears in person, seeks to appeal to this Court from orders made by the Magistrates’ Court at Melbourne on 22 February 2011. On that day, the Magistrates’ Court struck out a multitude of charges filed by the applicant ostensibly as a “Commonwealth Public Official” against 17 … Continue reading Tatana v Commonwealth DPP [2011] VSC 316
Basham v City of Joondalup [2015] WASC 345
The appellant was convicted of a minor parking fine which he contested, and was fined $60 and ordered to pay costs of $1,478.70. The appellant sought leave to appeal from the conviction, and the costs order on the grounds it was manifestly excessive, in Basham v City of Joondalup [2015] WASC 345. The appellant claimed … Continue reading Basham v City of Joondalup [2015] WASC 345
Waddington v State of Victoria [2018] VSC 746
In Waddington v State of Victoria [2018] VSC 746 the plaintiff sought relief against the State of Victoria, the Sheriff for the State of Victoria, Kirk Branton (Sheriff’s Officer) and Victoria Police, regarding 605 infringement warrants totalling $146,824.27, for driving an unregistered vehicle in a toll zone. The fines were not paid and enforcement orders … Continue reading Waddington v State of Victoria [2018] VSC 746
Wilson v White [2007] WASCA 87
The appellants received a sequestration order and failed to make out and file with the Official Receiver a statement of affairs, and were subsequently convicted. They contended that the manner in which the magistrate had proceeded was unlawful by virtue of the provisions about discrimination contained in the International Covenant on Civil and Political Rights, … Continue reading Wilson v White [2007] WASCA 87
Raoul Agapis
Raoul Agapis was charged for break and enter and uttering death threats, for which he stood trial before Birmingham DCJ and a jury and was convicted. "The appellant was brought into the courtroom from the detention area. Attempts were made to identify him. The appellant took exception to being referred to by the name 'Raoul … Continue reading Raoul Agapis
Jackson v Western Australia Police [2014] WASC 72
The appellant was charged with trespassing and obstruction offences. At the Magistrates Court he demanded a trial by jury per Chapter 29 of the Magna Carta, which was refused and he was convicted of the summary offences. He appealed in Jackson v Western Australia Police [2014] WASC 72, arguing the denial of a jury trial … Continue reading Jackson v Western Australia Police [2014] WASC 72
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
Baker v New South Wales Police [2013] NSWSC 57
The appellant was convicted of refusing to provide a breath sample, speeding, and not producing a driver’s licence. He appealed in Baker v New South Wales Police [2013] NSWSC 57 on the grounds he was denied his “inalienable right to trial by jury”, and demanded $250,000.00 in damages. He also contended that all judges must be … Continue reading Baker v New South Wales Police [2013] NSWSC 57
Cribb v Bell [2012] WASC 346
The plaintiff (the liquidator of Costanoza Pty Ltd) issued a summons for the examination of Mr Carl William Bell, but the respondent challenged the authority of the registrar and refused to take an oath or affirmation, or to answer questions on two separate examinations, and didn't appear for the third. On the fourth attempt, in … Continue reading Cribb v Bell [2012] WASC 346
Tadeusz Krysiak
Tadeusz Krysiak was charged with exceeding the speed limit. At the mention and trial he sought to challenge the jurisdiction of the Magistrates Court but was unsuccessful, and sought leave to appeal the conviction in Krysiak v Hodgson, [2009] WASC 16 but did not appear. The court found the grounds on the submissions were mostly incomprehensible, … Continue reading Tadeusz Krysiak
O’Connell v The State of Western Australia [2012] WASCA 96
John Walsh of Brannagh represented the appellant in O’Connell v The State of Western Australia [2012] WASCA 96. The submissions included contentions regarding the passage of the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA) which were purported to dissolve the indissoluble Federal Commonwealth under the Crown of the United Kingdom by removing the … Continue reading O’Connell v The State of Western Australia [2012] WASCA 96
Palmer v City of Gosnells [2013] WASC 446
The appellants were each convicted of six offences under the Planning and Development Act 2005 (WA), for development activities carried on in relation to their jointly owned property. The Palmers' counsel was John Walsh of Brannagh who made written submissions on 'constitutional issues' prior to trial, which were rejected by the magistrate, but there were numerous … Continue reading Palmer v City of Gosnells [2013] WASC 446
Hedley v Spivey [2011] WASC 325
The appellant was charged with obstructing a police officer in the execution of his duty. He was convicted and sought leave to appeal in Hedley v Spivey, [2011] WASC 325, on the grounds that the magistrate wasn't in a Chapter III court, that he failed to swear an oath of allegiance to the Crown, and … Continue reading Hedley v Spivey [2011] WASC 325
The Corica’s
With a litigation history that rivals that of vexatious litigant Wayne Glew, the Corica's have been involved in at least 17 failed cases in which various flawed contentions were submitted. Although many of the following matters ran concurrently and on the same subject, I have divided them into their particular series as: (1) Corica v … Continue reading The Corica’s
Kable v DPP (NSW) [1996] HCA 24
Kable v DPP (NSW) [1996] HCA 24 (Dawson J at 11-12): "But the important thing is that for present purposes the words "peace, welfare, and good government" are not words of limitation. As this Court observed in Union Steamship Co of Australia Pty Ltd v King (39): "They did not confer on the courts of … Continue reading Kable v DPP (NSW) [1996] HCA 24
Maxwell Hugh Wilson
Maxwell and Dorothy Wilson received a sequestration order and failed to make out and file with the Official Receiver a statement of affairs, and were subsequently convicted. They contended that the manner in which the magistrate had proceeded was unlawful by virtue of the provisions about discrimination contained in the International Covenant on Civil and Political … Continue reading Maxwell Hugh Wilson
More Rodney Culleton cases
Rodney Culleton filed a writ naming Bradley Kershaw as the first defendant along with some further 17 individuals as defendants to his claim for $250,000 for defamation and injury to his reputation, caused by the defendant’s written publication on the Australian Sixty Minutes Program of Channel 9 Face Book Account in April 2015. (See Culleton v … Continue reading More Rodney Culleton cases
Application of Chapter III to the States
Often OPCA litigants demand to be heard in a "lawful court under Chapter III of the constitution" as opposed to the "unlawful star chamber" court they are being heard in. You can find many of these cases on this website under the Tag "Chapter III court". Extract from Fardon v Attorney-General (Qld) [2004] HCA 46 (from … Continue reading Application of Chapter III to the States
Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5
The appellants were convicted of offences under the Planning and Development 2005 (WA) and appealed in Pengelly v Abbiss [2013] WASC 10. The appellants contended that the State Constitution, the Local Government Act 1995 and the Magistrates Court Act 2004 were invalid, that the primary magistrate had not been sworn in using the lawful oath, … Continue reading Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5
Moon v Secure Funding Pty Ltd [2013] QCA 86
Moon v Secure Funding Pty Ltd [2013] QCA 86 "As a result of, a lack of response, to my recent requests for 'Validation of Authority', sent to registry staff, as well as chief justice and state attorney general, I am left with no choice but to cancel the upcoming appeal (CA 9249/12) due to the … Continue reading Moon v Secure Funding Pty Ltd [2013] QCA 86
Nick Peters
In the primary court prior to Peters v Pimm Pty Ltd [2019] QCA 306, Daubney J, sitting as President of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal, found that the applicant had not proved the facts to support his claim that the computer he bought from the respondent was faulty in various ways, and the … Continue reading Nick Peters
Ryan v The Council of the City of Sydney [2018] NSWSC 265
Ryan v The Council of the City of Sydney [2018] NSWSC 265 The appellant contended that the Council had failed to respond adequately to his enquiries about the rate notice which he called an invoice, and that both the LCA and the Local Government Act 1993 are invalid, and therefore, he is entitled not to … Continue reading Ryan v The Council of the City of Sydney [2018] NSWSC 265
Warren Ronald Wichman v Pepper Finance Corporation Limited [2019] NSWCA 195
The issues raised before the Registrar and in Pepper Finance Corporation Limited v Wichman [2019] NSWSC 1009 relate, amongst other things, to what Mr Warren Ronald Wichman refers to as "common law rights" and the requirement to be sworn to the Commonwealth of Australia Constitution Act 1901 (UK). The applicant disputes the jurisdiction of the … Continue reading Warren Ronald Wichman v Pepper Finance Corporation Limited [2019] NSWCA 195
Cardinia Shire Council v Kraan [2017] VMC024
Cardinia Shire Council v Kraan [2017] VMC024 The defendant makes 49 various submissions challenging the validity of the proceeding brought against him by the Cardinia Shire Council, and the jurisdiction of the Court to hear the charges. He raised these submissions by tendering a document prepared by Wayne Glew, in which he contends that the Magistrates … Continue reading Cardinia Shire Council v Kraan [2017] VMC024
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
Commonwealth Public Official
It has become popular through the assertions of Wayne Glew to style oneself a "Commonwealth Public Official" by swearing the oath contained in the schedule to the Constitution, to enable a status by which one could arrest "unlawful" authorities. This is despite the Supreme Court utterly rejecting that notion in no uncertain terms in Re … Continue reading Commonwealth Public Official
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
Shoalhaven City Council v Ellis [2012] NSWLEC 225
In Shoalhaven City Council v Ellis [2012] NSWLEC 225 the respondents contended that because they are the holders of estates in fee simple, they are not subject to the requirements of the Environmental Protection Act, and that the proceedings concern interests in land and issues under the Commonwealth Constitution, so they are matters only within federal … Continue reading Shoalhaven City Council v Ellis [2012] NSWLEC 225
Palmer v City of Gosnells [2014] WASCA 102
In Palmer v City of Gosnells [2014] WASCA 102 the appellants contended that the Oath of Allegiance in the schedule to the Commonwealth Constitution must be sworn by every government officer State and Commonwealth, the Magistrates Court Act 2004 (WA) is invalid, that decisions of State courts do not form part of the common law, that … Continue reading Palmer v City of Gosnells [2014] WASCA 102
Danny Maksacheff
Danny Maksacheff is an OPCA litigant in New South Wales, who was influenced by a number of people such as Glenn Bowley, Romley Stewart Stover and Rodney Culleton, to pursue the course of action against the bank. Among the various OPCA motifs and constitutional misconceptions, the main premise was the delivery of a promissory note in … Continue reading Danny Maksacheff
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