In McFarlane v McFarlane [2021] VSC 197, the applicants mother had signed a transfer of land, gifting her home to her son, the applicant. She moved from the house to an aged care home shortly after, and the Victorian Civil and Administrative Tribunal appointed State Trustees Limited as her administrator, under Part 5 of the … Continue reading McFarlane v McFarlane [2021] VSC 197
Tag: Corporate Government
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
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
Leone & Cino [2016] FamCAFC 224
Leone & Cino [2016] FamCAFC 224 (from 17) "The husband filed a notice of discontinuance on 13 October 2015 in which he sought to discontinue the whole of his initiating application filed on 23 April 2013. At [3] of her reasons for judgment, the primary judge said: In addition to filing the Notice of Discontinuance, … Continue reading Leone & Cino [2016] FamCAFC 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
Harley Robert Williamson
Harley Williamson was charged for speeding and found guilty. In Williamson v Hodgson [2010] WASC 95, he had numerous grounds of appeal, starting with the premise that section 45 of the Criminal Code (WA) affords him some defence to the speeding charge, that the magistrate erred in law by refusing his request for a trial by jury, that … Continue reading Harley Robert Williamson
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
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
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
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
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
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
United Kingdom of Australia
The United Kingdom of Australia is an OPCA cult headed by the "King of Australia" Steven Spiers, founded on the flawed concepts he expressed in his papers “Realm and Commonwealth” and “Realm and Man”. The basic storyline is that Australia achieved sovereignty following WWI, by virtue of the sacrifice made by the ANZAC's, it had … Continue reading United Kingdom of Australia
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
Adam Thurrowgood
Adam Thurrowgood made headlines in July 2020 after the truckie sped through a border checkpoint and refused to show his licence - instead insisted on asking a patient policeman to guess his gender. He filmed himself interacting with the fed-up policeman, which showed the cop telling the driver he needed to give his details, and then … Continue reading Adam Thurrowgood
Green and Green [2018] FCWA 42
Green and Green [2018] FCWA 42 A property dispute between two self represented litigants, the husband had in the past conducted his own proceedings before the Magistrates Court, District Court, Supreme Court of Western Australia, the Court of Appeal and the High Court, resulting in the Supreme Court declaring him a vexatious litigant on the … Continue reading Green and Green [2018] FCWA 42
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
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
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 to a bankrupt. According to Dun & Bradstreet "The Trustee for Peter Haughton Family Trust Company … Continue reading Peter Scott Haughton
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
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