Hoxton Park Residents’ Action Group Inc. v Liverpool City Council [2010] NSWSC 1312

Hoxton Park Residents' Action Group Inc. v Liverpool City Council [2010] NSWSC 1312 concerned a development approval given by the Liverpool City Council (the first defendant), to the Malek Fahd Islamic School Ltd, (the second defendant). The third defendant was the Australian Federation of Islamic Councils Inc., which owned the land in question, the fourth … Continue reading Hoxton Park Residents’ Action Group Inc. v Liverpool City Council [2010] NSWSC 1312

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

Lizack and City Of Kalgoorlie-Boulder [2015] WASAT 20

In Lizack and City Of Kalgoorlie-Boulder [2015] WASAT 20 the applicant contended that the City had no lawful jurisdiction to make decisions affecting his use of the land in his certificate of title, arguments that were purported to be drawn from the common law and constitutional law. They referred to him holding his title as … Continue reading Lizack and City Of Kalgoorlie-Boulder [2015] WASAT 20

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11 This case is often mistakenly cited by OPCA adherents as evidence that all governments and their departments are corporations, and therefore they can refuse to "contract" with them. A popular myth is added, which is that … Continue reading Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11

National Australia Bank Ltd v Joyce [2012] WASC 224

The respondents would not accept service of the banks documents for foreclosure, made allegations of trespass citing Plenty v Dillon (1991) HCA 5 1 and chased the applicants from the property. In National Australia Bank Ltd v Joyce [2012] WASC 224 2 they submitted that the court had no authority to act 'either under its … Continue reading National Australia Bank Ltd v Joyce [2012] WASC 224

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

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

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

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

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

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

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

Gyorgy v City of Greater Geraldton [2016] WASC 399

In Gyorgy v City of Greater Geraldton [2016] WASC 399 the appellant was convicted of offences under the Planning and Development Act 2005, and and appealed the decision, challenging the jurisdiction of the court, contending the council and the State government were trading companies "operating on state Acts and statutes which it doesn't apply to … Continue reading Gyorgy v City of Greater Geraldton [2016] WASC 399

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 his claim is manifestly hopeless, wholly untenable, incapable of constituting tender of payment, and sufficient … 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

Deputy Commissioner Of Taxation v Cutts (No.4) [2019] FCCA 2866

After a series of adjournments dating back 16 months to 2 February 2016, the applicant in Deputy Commissioner of Taxation v Cutts [2017] FCCA 1760, the Deputy Commissioner of Taxation, sought orders that the application of the respondent, Maurice James Cutts, for review of a decision by a Registrar to make a sequestration order against … Continue reading Deputy Commissioner Of Taxation v Cutts (No.4) [2019] FCCA 2866

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

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

Rossiter v Adelaide City Council [2020] SASC 61

ABC NEWS: Driver who declared independence from society loses legal battle over unpaid parking fine Rossiter v Adelaide City Council [2020] SASC 61 "Various terms have been used to describe “pseudolegal arguments”.such as those advocated by the appellant in this case. (Adelaide City Council v Lepse [2016] SASC 66, [57] (Peek J). They have without … Continue reading Rossiter v Adelaide City Council [2020] SASC 61

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

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, pseudo legal myths, and constitutional misconceptions spread by various vexatious litigants and more. Here are … Continue reading Mike Holt (CIR NOW)

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 was an application to audio-record a judicial review proceeding by a self-represented party). In this … Continue reading Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646

Lade and Company Pty Ltd v Finlay & Anor; Lade v Franks & Anor [2010] QSC 382

In Lade and Company Pty Ltd v Finlay & Anor; Lade v Franks & Anor [2010] QSC 382, the appellant sought "...the amount of $5,269.63 plus 11% compound interest with daily rests for rates paid ... on his private registered property, held by him in a Deed of Grant to an Estate in Fee-simple of alienated … Continue reading Lade and Company Pty Ltd v Finlay & Anor; Lade v Franks & Anor [2010] QSC 382