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 … Continue reading Hoxton Park Residents’ Action Group Inc. v Liverpool City Council [2010] NSWSC 1312
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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 … Continue reading Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228 [2013] WASAT 64
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Hopes v Australian Securities and Investments Commission [2016] WASC 198

In Hopes v Australian Securities and Investments Commission [2016] WASC 198 the appellant resisted the liquidation of his company, alleging that the Commonwealth Parliament lacked power to enact the Royal Style and Titles Act 1973 (Cth) meaning that legislation passed since the … Continue reading Hopes v Australian Securities and Investments Commission [2016] WASC 198
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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 … Continue reading Brian Charles Fyffe
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Kable v DPP (NSW) [1996] HCA 24

Kable v DPP (NSW) [1996] HCA 24 (Dawson J at 11-12): "But the important thing is that for present purposes the words "peace, welfare, and good government" are not words of limitation. As this Court observed in Union Steamship Co … Continue reading Kable v DPP (NSW) [1996] HCA 24
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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 … Continue reading Gyorgy v City of Greater Geraldton [2016] WASC 399
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Until the Parliament otherwise provides

There are various sections of the Constitution that states the words "until the Parliament otherwise provides". This may cause confusion to some not familiar with the subsequent enactments, but they are nevertheless consistent with the Constitution. The basis of this … Continue reading Until the Parliament otherwise provides
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Section 3 – Governor General to be paid in pounds

Some adherents insist that the Governor General must be paid in pounds, citing 3 of the Commonwealth Constitution which provides:  “Salary of Governor‑General: There shall be payable to the Queen out of the Consolidated Revenue fund of the Commonwealth, for the … Continue reading Section 3 – Governor General to be paid in pounds
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The Fee Simple Alienation Argument

There is a premise that contends that since land owned in fee simple is "alienated from the Crown", the laws passed by governments regarding regulation of activities on that land is beyond power. As you will note from the plentiful amount … Continue reading The Fee Simple Alienation Argument
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Parliaments in a Federation are not Supreme

Wayne Glew claims that Parliaments are not supreme or sovereign, relying on cherry-picked passages in pages 676 and 791 of The Annotated constitution of the Australian Commonwealth by John Quick and Robert Garran, which he uses in response to the well established … Continue reading Parliaments in a Federation are not Supreme
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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 … Continue reading Ryan v The Council of the City of Sydney [2018] NSWSC 265
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Union Steamship Co of Australia Pty Ltd v King [1988] HCA 55

In Union Steamship Co of Australia Pty Ltd v King [1988] HCA 55 the respondent was a seaman employed by the appellant company. He developed boilermaker’s deafness as a result of working and sought a compensation claim for an injury occurring … Continue reading Union Steamship Co of Australia Pty Ltd v King [1988] HCA 55
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Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7

Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7: (at 30) "There is little point in searching for additional expositions of, or foundations for,  the principle that courts will presume that legislation does not overrule the … Continue reading Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7
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For peace, order and good government

The words “for peace, order and good government” appear in the Commonwealth and State Constitutions in relation to the legislative powers of the parliaments. For example, section 51 of the Commonwealth Constitution begins with the words: “The Parliament shall, subject … Continue reading For peace, order and good government
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Essenberg v The Queen [2000] HCATrans 297

Essenberg v The Queen [2000] HCATrans 297: "McHUGH J: I understand that and persons who have not had full legal training often think of Magna Carta and the Bill of Rights as fundamental documents which control governments, but they do … Continue reading Essenberg v The Queen [2000] HCATrans 297
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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 … Continue reading Carnes v Essenberg [1999] QCA 339
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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 … Continue reading Hubner v Erbacher [2004] QDC 345
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The Supremacy of Parliament

"It behooves us to remember that men can never escape being governed. They either must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves, … Continue reading The Supremacy of Parliament
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Michael Nibbs

Michael Nibbs contended so many different very common Australian pseudo legal themes in this case it is among my favourites, but I suppose the main point is the objection raised regarding judicial oath of office. Before the Promissory Oaths Act 2015, … Continue reading Michael Nibbs
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Wayne Glew

Wayne Kenneth Glew has an extensive OPCA and constitutional litigation history.  In fact, the decisions made in Wayne's cases are relied upon, whenever similar contentions are brought before courts today, and in many cases they have become precedent in the particular … Continue reading Wayne Glew
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Councils are unconstitutional!

The premise that rates are unconstitutional because local government is not recognised in the Commonwealth Constitution is a false one, and many have lost their homes attempting this. The main problem with this argument is the fact that we are … Continue reading Councils are unconstitutional!
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State Legislative Powers

In 1850, half a century before Federation, Westminster Parliament passed the Australian Colonies Government Act, first granting the right of legislative power to each of the six Australian colonies. This is the basis for State legislative powers, and each of … Continue reading State Legislative Powers
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