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 presiding member of the SAT referred to certain so‑called constitutional arguments raised before him by … Continue reading City of Armadale v Chapman [2012] WASC 423

Koula Rafailidis

Koula Rafailidis 1 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 2 and several other Facebook groups. In Camden Council v Rafailidis [2012] NSWLEC 51 3 the respondents were found in breach of the Environmental Planning and Assessment Act … Continue reading Koula Rafailidis

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 Ashwell v Commissioner for Consumer Protection [2015] WASC 337 was also against the sentences imposed. … Continue reading Ashwell v Commissioner for Consumer Protection [2015] WASC 337

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 1 but did not appear. The court found the grounds on the submissions were … Continue reading Tadeusz Krysiak

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

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 a plea, that her birth certificate documentation was altered, that she is not an Australian … Continue reading Anderson v Kerslake [2013] QDC 262

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 and Claim of Right, which asserted that the state of Queensland had no power to … Continue reading R v Anning [2013] QCA 263

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 the offences on the basis that she is an Aboriginal person over whom the courts … Continue reading Lacey v Earle [2014] ACTSC 397

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

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 law, constitutional law, and any other holy and righteous grounds, and which registration satisfies the … Continue reading Freilich v Lambert [2007] QDC 157

Kobylski v Cole [2006] QDC 308

Kobylski v Cole [2006] QDC 308 “The relevant facts in respect of each of the five sets of appeals are remarkably similar. The appellant, on each occasion, was intercepted by police while driving a motor vehicle. On each occasion the appellant asserted that the motor vehicle he was driving was registered with an organisation known … Continue reading Kobylski v Cole [2006] QDC 308

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

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 discusses the source and rationale of many important rights and freedoms and provides an extensive … Continue reading Traditional Rights and Freedoms – Encroachments by Commonwealth Laws

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 the perspective of the OPCA adherent, they would think they just discovered one private corporation … Continue reading Pecker Maroo Pty Ltd

Mick Arnup‎

Another Wayne Glew follower, being led down a garden path into inevitable failure in the courts... just like their guru... Mick Arnup‎ posted to Wayne Glew: "I totally understand that the 1867 Queensland constitution and the Australia Act are all unlawful, but what can I do now?" In response, Wayne Glew deleted his post.  https://www.facebook.com/wayne.glew.12/posts/2740936196191104Continue reading Mick Arnup‎

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 a Masters Chamber - which is really just a Star Chamber", and that as the … Continue reading Costa v St. George Bank – A Division Of Westpac Banking Corporation [2013] WASCA 137

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

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 of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of … Continue reading Sir William Blackstone definition of a law

International Tribunal for Natural Justice

The International Tribunal for Natural Justice 1 has several YouTube videos 2 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 everyone from the Pope to the Queen. It appears most of … Continue reading International Tribunal for Natural Justice

Szita v Capital Finance Australia Limited (2004) FCA 477

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, Mr Szita has discharged any liability to Capital. The Court concluded that Mr Szita’s claim is manifestly hopeless, wholly untenable, incapable of constituting tender of payment, … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477

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 as a law under which the Federal Parliament enacts statutes, and whether certain statutes have … Continue reading Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018

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

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

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 & Paisley Pty Ltd and Grant Thornton Australia Ltd. "The reference to “i, a man” in … Continue reading K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528/621

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 name or special identity, they (by their own admission or by descriptions given by others) … Continue reading Meads v. Meads 2012 ABQB 571

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

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 1960 (Cth) and the certificates of accuracy were invalid and the method of testing it by the … Continue reading Best v Police [2015] SASC 190

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 YouTube channel. The CIR NOW website is full of OPCA related content and pseudo legal myths, constitutional misconceptions spread by various vexatious litigants and more... Here are a few examples of the … Continue reading Mike Holt (CIR NOW)

Roberts v Harkness [2018] VSCA 215

In Roberts v Harkness [2018] VSCA 215 the respondent challenged the jurisdiction of the court, over "a matter of a soul in a body living its fundamental and common law right to travel by the Blessing of Almighty God". The magistrate excluded Mr Harkness from the courtroom on account of his persistent misbehaviour, summarily rejecting his … Continue reading Roberts v Harkness [2018] VSCA 215

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 Kable v. The Director of Public Prosecutions, 189, Commonwealth Law Reports 51 at pages 73 … Continue reading Carnes v Essenberg [1999] QCA 339

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 a subsidiary of the Commonwealth of Australia, which is a trading company registered on the … Continue reading Burns v The State of Western Australia [2017] WASC 173

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

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 UPMART. The Court held there is no basis upon which some group of people can … Continue reading Spajic v Robertson & Ors [2007] NSWSC 553

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 a “motor vehicle,” which is used for commercial purposes, the words “person,” “address,” “mail,” “resident,” … Continue reading Queensland Police Service v Messer [2016] QDC 214

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" without a licence, insisting only the use of a motor vehicle for commercial purposes is … Continue reading R v Stoneman [2013] QCA 209

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 not a valid law or that other legal rights, which he claimed to have, prevailed … Continue reading Hubner v Erbacher [2004] QDC 345

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 charged, raising various arguments based on the separate legal personality fiction. He asserts that there … Continue reading Smadu v Stone [2016] WASC 80