Tag: International Treaties

Montgomery v Child Support Registrar [2015] FCA 891

The applicant was $46,596.87 in arrears for child support, and was prevented in leaving Australia due to a Departure Prohibition Order, and subsequently filed for an appeal of this decision in Montgomery v Child Support Registrar [2015] FCA 891. The lengthy notice served by the applicant contained 81 separate statements which the applicant required the … Continue reading Montgomery v Child Support Registrar [2015] FCA 891 →

Matchett & Lattimore v Deputy Commissioner of Taxation [2000] NSWSC 975

In Matchett J M v Deputy Commissioner of Taxation; Lattimore J C v Deputy Commissioner of Taxation; Lattimore v M v Deputy Commissioner of Taxation; Matchett J F v Deputy Commissioner of Taxation [2000] NSWSC 975 the plaintiffs were successfully sued for outstanding taxes, and sought orders that the decisions made against them be quashed and … Continue reading Matchett & Lattimore v Deputy Commissioner of Taxation [2000] NSWSC 975 →

The Institute of Taxation Research and Wayne Levick

The Institute of Taxation Research was formed in 1998, promising that one could make any tax liability voluntary if they used their services. The strategy centered around the proposition that the taxation legislation is invalid, as the whole legal system has no basis in law and the Constitution is invalid, so there is no basis … Continue reading The Institute of Taxation Research and Wayne Levick →

Walsh & Anor v Professional Nominees Pty Ltd & Anor [1998] QCA 259

In Walsh & Anor v Professional Nominees Pty Ltd & Anor [1998] QCA 259, the applicants appealed a foreclosure decision alleging that there is no valid law capable of being enforced, that there are no validly constituted courts, and even the Constitution is invalid, so there is no relevant valid statutory law that applies in Australia, and … Continue reading Walsh & Anor v Professional Nominees Pty Ltd & Anor [1998] QCA 259 →

Domestic Implementation of International Human Rights Norms

Michael Kirby AC CMG.; "Domestic Implementation of International Human Rights Norms " The Bangalore Principles state, in effect: 1. International law (whether human rights norms or otherwise) is not, in most common law countries part of domestic law. 2. Such law does not become part of domestic law until Parliament so enacts or the judges … Continue reading Domestic Implementation of International Human Rights Norms →

Momcilovic v The Queen & Ors [2011] HCA 34

In Momcilovic v The Queen & Ors [2011] HCA 34 Vera Momcilovic appealed against her conviction for drug trafficking in 2008. Ms Momcilovic was charged after living with a convicted trafficker who had stored drugs in her home. Under the Victorian Drug Act (1981) a person is deemed as possessing or trafficking drugs if they are found on the … Continue reading Momcilovic v The Queen & Ors [2011] HCA 34 →

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 →

Ngurampaa Ltd v Balonne Shire Council [2014] QSC 146

The Balonne Shire Council levied general rates upon the property owned by Ngurampaa Limited in the amount of $3,062.80, which the applicant failed to pay, and summary judgment was awarded against the applicant and in favour of the council in a proceeding brought to recover the overdue rates. The applicant sought an order that the … Continue reading Ngurampaa Ltd v Balonne Shire Council [2014] QSC 146 →

Daniels v Deputy Commissioner of Taxation [2007] SASC 114

The proceedings in Daniels v Deputy Commissioner of Taxation [2007] SASC 114 arose due to the respondent’s unfaltering stance that contributing monies to purposes associated with abortion indirectly through taxation, is contrary to his beliefs and faith as a Christian. The respondent contacted the ATO for the purpose of suggesting his taxation liability be reduced … Continue reading Daniels v Deputy Commissioner of Taxation [2007] SASC 114 →

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 →

Batten v Police [1998] SASC 6778

In Batten v Police [1998] SASC 6778 the appellant argued that the court was not validly constituted, and that the State of South Australia is not a valid constitutional entity.  These arguments and others were derived from the appellant's view of the consequences of the Commonwealth of Australia being party to the Treaty of Versailles in … Continue reading Batten v Police [1998] SASC 6778 →

Lamont v Bright [2002] HCATrans 229

In Lamont v Bright [2002] HCATrans 229, the appellant sought to have answered a number of questions applicable to the Queen’s title, role and authority as identified in the Commonwealth of Australia Constitution Act.  He contended that the Queen of Australia is not a recognisable entity within the Commonwealth of Australia Constitution Act 1900, and are … Continue reading Lamont v Bright [2002] HCATrans 229 →

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 →

Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310

In Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310 the appellant contended that the Governor General was not validity appointed, and thus the judges appointment was not valid. The Court held that the Governor-General was appointed to his office in accordance with the current Letters Patent (as amended on 11 May … Continue reading Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310 →