Tag: Common Law Supremacy

City of Armadale v Chapman [2012] WASC 423

The appellants used their property to store commercial vehicles and shipping containers which was contrary to the city’s zoning restrictions, and were ordered to remove them. They appealed the decision in City of Armadale v Chapman [2012] WASC 423: "The … Continue reading City of Armadale v Chapman [2012] WASC 423 →
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Koula Rafailidis

Koula Rafailidis is an OPCA adherent from New South Wales, and a long time admin of the Get out of paying fines, rego, fees, tolls and rates and several other Facebook groups. In Camden Council v Rafailidis [2012] NSWLEC 51 the respondents were … Continue reading Koula Rafailidis →
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Ashwell v Commissioner for Consumer Protection [2015] WASC 337

The appellant was convicted of two counts of breaching the prescribed requirements for warranties against defects and one count of making a false or misleading representation concerning the exclusion of a right or remedy, in his business. The appeal in … Continue reading Ashwell v Commissioner for Consumer Protection [2015] WASC 337 →
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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 … Continue reading Tadeusz Krysiak →
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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 →
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Anderson v Kerslake [2013] QDC 262

The appellant was convicted for failure to vote at an election without a valid and sufficient excuse. In Anderson v Kerslake [2013] QDC 262 Nerissa Anderson appealed the decision as "Nerissa of the Ngadjon-Jii Tribe" arguing she did not make … Continue reading Anderson v Kerslake [2013] QDC 262 →
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R v Anning [2013] QCA 263

R v Anning [2013] QCA 263 was an appeal from a conviction on a single count of unlawful use of a motor vehicle. In the appellants submissions was a document entitled Notice of Rebuttal of Claim to Title to Land … Continue reading R v Anning [2013] QCA 263 →
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Lacey v Earle [2014] ACTSC 397

In Lacey v Earle [2014] ACTSC 397, the appellant was convicted of driving offences, including using an unregistered and uninsured vehicle, exceeding the speed limit, and failing to provide her name. She challenged the jurisdiction of the courts to deal with … Continue reading Lacey v Earle [2014] ACTSC 397 →
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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 … Continue reading Palmer v City of Gosnells [2013] WASC 446 →
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Freilich v Lambert [2007] QDC 157

Freilich v Lambert [2007] QDC 157: "The appellant in this matter drives a vehicle in the State of Queensland, and has obtained the vehicle registration with an association of electors known as UPMART, which vehicle registration exists pursuant to common … Continue reading Freilich v Lambert [2007] QDC 157 →
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Kobylski v Cole [2006] QDC 308

Kobylski v Cole, Kobylski v Edwards, Kobylski v Wellington, Kobylski v Riordan, Kobylski v King [2006] QDC 308 was a joint judgement in relation to the fake licencing and registration scheme set up by Malcolm McClure of UPMART. “The relevant … Continue reading Kobylski v Cole [2006] QDC 308 →
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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 … Continue reading The Corica’s →
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Traditional Rights and Freedoms – Encroachments by Commonwealth Laws

Australian Law Reform Commission Report 129; "Traditional Rights and Freedoms—Encroachments by Commonwealth Laws" "The ALRC was asked to identify and critically examine Commonwealth laws that encroach upon traditional rights, freedoms and privileges recognised by the common law. In this Report, the ALRC … Continue reading Traditional Rights and Freedoms – Encroachments by Commonwealth Laws →
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Pecker Maroo Pty Ltd

This is an interesting one, and shows the level some go to in order to create a hoax to enable peoples confirmation bias, substantiating that all government departments are corporations and therefore people can refuse to contract their services. From … Continue reading Pecker Maroo Pty Ltd →
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Mick Arnup‎

Mick Arnup‎ is another Wayne Glew follower, being led down a garden path into inevitable failure in the courts... just like their guru. On his advice, he ceased paying rates on his property. In late 2020 he posted the following … Continue reading Mick Arnup‎ →
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Costa v St. George Bank – A Division Of Westpac Banking Corporation [2013] WASCA 137

In Costa v St. George Bank - A Division Of Westpac Banking Corporation [2013] WASCA 137 the appellant contended he "neither consents nor agrees to any Statute law", and "will not consent to the jurisdiction of any other so-called court especially … Continue reading Costa v St. George Bank – A Division Of Westpac Banking Corporation [2013] WASCA 137 →
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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 … Continue reading Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5 →
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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 … Continue reading Moon v Secure Funding Pty Ltd [2013] QCA 86 →
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Sir William Blackstone definition of a law

Commentaries on the Law of England Sir William Blackstone Introduction Section 2 - Of the Nature of Laws in GeneraL Law, in it's most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds … Continue reading Sir William Blackstone definition of a law →
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International Tribunal for Natural Justice

The International Tribunal for Natural Justice has several YouTube videos being shared on social media. It is a lot like Kevin Annett's "International Tribunal into Crimes of Church and State", which also held these so-called “common law” proceedings, issuing arrest warrants for … Continue reading International Tribunal for Natural Justice →
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Szita v Capital Finance Australia Limited (2004) FCA 477

In Szita v Capital Finance Australia Limited (2004) FCA 477, the appellant claimed that by sending to Capital a document call a “certified promissory note” specifying an amount of $116,375.95, he had discharged any liability to Capital. The Court concluded that … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477 →
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Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018

The defendant challenges the Deputy Commissioner’s standing, and the existence of the legislative scheme under which the proceedings are pursued; the Court’s jurisdiction and indeed, its existence; the very existence of Australia as a nation; the existence of the Constitution … Continue reading Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018 →
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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 … Continue reading Peter Scott Haughton →
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John Peter Bauskis

In the matter of Bauskis [2006] NSWSC 908 John Peter Bauskis was convicted with contempt of court over an incident where a group of protesters for John Wilson caused havoc at one of his hearings, yelling abuse at the judge … Continue reading John Peter Bauskis →
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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 … Continue reading Warren Ronald Wichman v Pepper Finance Corporation Limited [2019] NSWCA 195 →
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K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528/621

After returns on investments in a Ponzi scheme, in K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528 the Plaintiff filed a Statement of Claim in the Common Law Division, bringing a claim for $75 million against Colin Biggers & … Continue reading K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528/621 →
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Meads v. Meads 2012 ABQB 571

Meads v Meads 2012 ABQB 571 “This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no … Continue reading Meads v. Meads 2012 ABQB 571 →
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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 … Continue reading Cardinia Shire Council v Kraan [2017] VMC024 →
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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 →
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Best v Police [2015] SASC 190

Best v Police [2015] SASC 190 The appellant contended that the trial should not have proceeded ex-parte, that the Magistrates Court is not a court of competent jurisdiction; the device used to measure his speed did not meet the National Measurement Act … Continue reading Best v Police [2015] SASC 190 →
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Mike Holt (CIR NOW)

Mike Holt runs the CIR NOW website, (citizens initiated referendum now) and several other blogs and accounts, such as The Bloody Aussie Battler (which also has a YouTube channel), and Advance Australia. These websites are full of OPCA related content, … Continue reading Mike Holt (CIR NOW) →
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Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646

These two cases were initially heard together by Bell J in the Supreme Court in Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646, (Kyriazis v County Court of Victoria (No 1) [2017] VSC 636 … Continue reading Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646 →
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Carnes v Essenberg [1999] QCA 339

Carnes v Essenberg [1999] QCA 339: "The supremacy of Parliament to make laws contrary to what had been the Common Law is expressly recognised by the Courts. It is enough to refer to the decision of the High Court in … Continue reading Carnes v Essenberg [1999] QCA 339 →
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Burns v The State of Western Australia [2017] WASC 173

In Burns v The State of Western Australia [2017] WASC 173 the appellant complained about the jurisdiction of the courts to deal with his property. He contends that Landgate is a subsidiary of the corporation State of Western Australia, which is … Continue reading Burns v The State of Western Australia [2017] WASC 173 →
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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 … Continue reading Palmer v City of Gosnells [2014] WASCA 102 →
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Spajic v Robertson & Ors [2007] NSWSC 553

In Spajic v Robertson & Ors [2007] NSWSC 553 the applicant contended that legislation which directs that vehicles be registered in a particular way is monopolistic, and an alternative registration process exists under common law with a union of people called … Continue reading Spajic v Robertson & Ors [2007] NSWSC 553 →
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Queensland Police Service v Messer [2016] QDC 214

In Queensland Police Service v Messer [2016] QDC 214 the respondent contended he has a God given right to travel unhindered in a car without state plates or registration or plates, as his car does not fit the legal definition of … Continue reading Queensland Police Service v Messer [2016] QDC 214 →
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R v Stoneman [2013] QCA 209

In R v Stoneman [2013] QCA 209 the applicant contended judicial bias for not upholding "an unalienable right of the private individual to use the common ways to travel as per the right to life, liberty and the pursuit of happiness" … Continue reading R v Stoneman [2013] QCA 209 →
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Hubner v Erbacher [2004] QDC 345

In Hubner v Erbacher [2004] QDC 345 the appellant had homemade number plates attached to his vehicle as if it were a number plate issued pursuant to the regulation. He directed his arguments towards demonstrating that either the relevant regulation was … Continue reading Hubner v Erbacher [2004] QDC 345 →
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Smadu v Stone [2016] WASC 80

In Smadu v Stone [2016] WASC 80 the appellant contended he has separate legal personalities, asserting that one such personality owned the motor vehicle and another held the driver's licence and drove the vehicle, and that the wrong legal person was … Continue reading Smadu v Stone [2016] WASC 80 →
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