Penhallow v Doane’s Administrators and Cruden v Neale (US cases)

(1) Penhallow v. Doane's Administrators Penhallow v. Doane's Administrators, 3 U.S. 54, 3 Dall. 54, 1 L. Ed. 507 (1795) is often cited by OPCA adherents both in the United States and elsewhere in an attempt to substantiate the "strawman" narrative that governments cannot have jurisdiction over a natural person, only over a "corporate entity" … Continue reading Penhallow v Doane’s Administrators and Cruden v Neale (US cases)

The Legal Personality of the Commonwealth of Australia

Sebastian Howard Hartford Davis; "The Legal Personality of the Commonwealth of Australia" "The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of … Continue reading The Legal Personality of the Commonwealth of Australia

O’Hagan v Commissioner of Taxation [2020] QDC 288

In O’Hagan v Commissioner of Taxation [2020] QDC 288 the applicant was found guilty after a summary trial of four offences of failing when and as required pursuant to a taxation law to give a return to the Commissioner of Taxation. The appellant appealed his conviction and sentence on grounds that included the Magistrates Court … Continue reading O’Hagan v Commissioner of Taxation [2020] QDC 288

Norman v Heers (Trustee) [2016] FCA 821

I don't think I'll comment on Norman v Heers (Trustee) [2016] FCA 821, it is either self explanatory or incomprehensible: "I am of sound mind, i.e. this affidavit and the facts herein are the product of knowledge and creative-expression by its creator. My name constitutes property. My name is owned by my master in accordance … Continue reading Norman v Heers (Trustee) [2016] FCA 821

ACM Group Limited v McClymont [2014] FCCA 2581

In ACM Group Limited v McClymont [2014] FCCA 2581 the defendant argued that Westpac should account to him for the amount it received for the debt from the petitioning creditor because it was his signature on the credit contract that created the asset that Westpac sold or assigned to the petitioning creditor, and that having created … Continue reading ACM Group Limited v McClymont [2014] FCCA 2581

Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547

In Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 the defendants resisted foreclosure of their properties, signing their names with trademark symbols: "I, Jonathan©"TM" am no aware of any documents relating to case number 13/372819 being lawfully served on Debra Ann Lamberton©"TM" in Adelaide or at her tenanted address … Continue reading Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547

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

Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255

Firstmac Fiduciary Services Pty Ltd was granted a writ of restitution in Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255 to recover possession of property from the defendant, after he defaulted on a loan. He refused to give vacant possession of the property, and the sheriff was called to evict him, change the … Continue reading Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255

Elliott v Commissioner of Police [2014] QDC 161

The appellant was charged for refusing to give a breath sample, possession of cannabis, drive under influence, and obstruction of a police officer. At the mention he refused to enter a plea, saying to the magistrate: "Do you agree that the prosecution has not provided the evidence, the statutory laws apply to, a man, a … Continue reading Elliott v Commissioner of Police [2014] QDC 161

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

Rambaldi & anor v Rice Bar Restaurant & anor [2018] VSC 218

Rambaldi & anor v Rice Bar Restaurant & anor [2018] VSC 218 (at 27): "On 4 January 2018 the defendant filed an affidavit sworn by him on 28 December 2017.  The affidavit is rambling, nonsensical and, aside from the occasional assertion in respect of matters the subject of this claim, is unresponsive to Mr Rambaldi’s … Continue reading Rambaldi & anor v Rice Bar Restaurant & anor [2018] VSC 218

The Trustee of the Property of Currey (A Bankrupt) v Currey [2017] FCCA 2692 

The Trustee of the Property of Currey (A Bankrupt) v Currey [2017] FCCA 2692  "FOR THE DATE-~27-~ OCTOBER-~2017 OF THIS WITNESS: Kevin-Grantley: Currey WITH THE LOCATION OF THE ~177-~CURREY-ROAD, -~ WONGAWALLAN, -~ ‘QUEENSLAND’, -~ 4210, IS WITH THESE CLAIMS BEFORE THIS FEDERAL – CIRCUIT – COURT OF AN AUSTRALIA-COURT IN THE DRY-DOCK BY THIS: Kevin-Grantley: … Continue reading The Trustee of the Property of Currey (A Bankrupt) v Currey [2017] FCCA 2692 

Raoul Agapis

The appellant was charged for break and enter and uttering death threats, for which he stood trial before Birmingham DCJ and a jury and was convicted. "The appellant was brought into the courtroom from the detention area. Attempts were made to identify him. The appellant took exception to being referred to by the name 'Raoul … Continue reading Raoul Agapis

Harley Robert Williamson

In Williamson v Hodgson [2010] WASC 95 1 the appellant was charged for speeding and found guilty. 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 … Continue reading Harley Robert Williamson

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

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

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 3 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

Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533

The applicant was arrested after failing to appear in court. A friend of the applicant sought habeas corpus, claiming the cannabis charge not be valid as its use is guaranteed by the Bible. Another friend filed a statement claiming the detention was unlawful, based on a Strawman argument. In Application of Adrian Ashley of the … Continue reading Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533

Maxwell Hugh Wilson

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 Maxwell Hugh Wilson

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

God is no respecter of persons

There is a misinterpretation of certain Biblical passages that use the words "God is no respecter of persons" in James 2:9, that appears in many statements by Steven Spiers and his "United Kingdom of Australia", as well as by Romley Stewart Stover and his "Justinian Deception". The argument cherry picks the word "persons" and applies … Continue reading God is no respecter of persons

Vaughan v HSBC Bank Australia Limited [2009] FCA 1007

In Vaughan v HSBC Bank Australia Limited [2009] FCA 1007 the applicant invoked what he described as a ‘Private Administration Process’ through a series of documents, one which apparently recorded a then current indebtedness of the applicant to the Bank of $504,597.23 and attached a birth certificate as payment. The Bank did not engage in the … Continue reading Vaughan v HSBC Bank Australia Limited [2009] FCA 1007

United Kingdom of Australia

The Kingdom of Australia is an OPCA cult headed by Steven Spiers, and 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 forged a realm, a … Continue reading United Kingdom of Australia

Larry Hannigan

Larry Hannigan announces on his homepage: “We are all an involuntary part of a social revolution, where political parties feel entitled to take ownership of our individual rights to real and personal property, and where our civil and political rights are abused and overridden by the many politically created entities within the Australian Government System.” … Continue reading Larry Hannigan

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

Castle v United States (No 3) [2018] FCA 2022

Castle v United States (No 3) [2018] FCA 2022 "I’ve sat and listened to what’s said to be an explanation of some powers of a group said to be called the International Treasury Control organisation. I’ve received documents from someone, purporting to be a representative of that organisation. The submissions that have been made are … Continue reading Castle v United States (No 3) [2018] FCA 2022

Adam Thurrowgood

Infuriating moment truck driver refuses to tell police his name at Queensland border Truckie speeds through a border checkpoint and refuses to show his licence - instead insisting on asking a patient policeman to guess his gender. A belligerent truck driver has needlessly got himself arrested by refusing to give his name to police at … Continue reading Adam Thurrowgood

Nick Peters

In the primary court prior to Peters v Pimm Pty Ltd [2019] QCA 306 the magistrate found that the applicant had not proved the facts to support his claim, and it was dismissed, and he then appealed to challenge the jurisdiction of the Court of Appeal.  He informed the court that he had discovered that “judges of the … Continue reading Nick Peters

Mike Palmer

Mike Palmer operates Know Your Rights Group and Aussie Speeding Fines, both websites promote many OPCA concepts and sells booklets of the same titles. Despite Mike Palmer failing in his own cases submitting the very contentions he promotes, he continues to sell his flawed ideas to other gullible people for financial gain. Mike Palmer's Facebook page … Continue reading Mike Palmer

NSW Land and Housing Corporation v George Katanasho & Anor [2014] NSWCATCD 198

NSW Land and Housing Corporation v George Katanasho & Anor [2014] NSWCATCD 198 "The notice of hearing was addressed to the tenant with his full name in capital letters. The notice of hearing was returned to the Tribunal with a letter attached, which in part stated: “All capital letters refer to either a corporation or … Continue reading NSW Land and Housing Corporation v George Katanasho & Anor [2014] NSWCATCD 198

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

Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86

In Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86, the defendant sought to draw a legal distinction between herself (whom she refers to as the living person, ‘Heather Jean Grahame’ on the one hand, and the named defendant in the proceeding, whom she refers to as the corporate entity ‘HEATHER JEAN GRAHAME’ (in capital … Continue reading Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86

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

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