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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Bride v Shire of Katanning [2017] WASCA 59

In Shire of Katanning v Bride [No 2] [2016] WASC 314 an order was made under the Vexatious Proceedings Restriction Act 2002 (WA), that: "The first and second defendants, either personally or in a representative capacity, are hereby prohibited from instituting any action, proceeding, appeal, counterclaim or other application in any Court of the State Western … Continue reading Bride v Shire of Katanning [2017] WASCA 59 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Sue Maynes

Sue Maynes 1 is an OPCA adherent in New South Wales. The Maynes had initially challenged the constitutionality of land rates, which inevitably led to the loss of their property, their bankruptcy, and subsequently the end of Sue Maynes position as a councilor in Cowra. Since then, she has been active on social media perpetuating … Continue reading Sue Maynes →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Teresa Van Lieshout

The appellant was convicted of carrying out a development on land without approval contrary to s 218 of the Planning and Development Act 2005 (WA), namely the placing of advertising signs on the front fence of a property owned by the appellant, which is effectively limited by a local planning policy. She was convicted and fined, and … Continue reading Teresa Van Lieshout → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Hargreaves v Tiggemann [2012] WASCA 92

In Hargreaves v Tiggemann [2012] WASCA 92 the appellant was suspended from holding office as a Council member for a period of six months. The appellant alleged, that as the 1988 referendum for approval of legislation to amend the Commonwealth Constitution to include provisions for local government was rejected, the Parliament of Western Australia had no … Continue reading Hargreaves v Tiggemann [2012] WASCA 92 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Stewart v City of Belmont [2013] WASC 366

The council had received complaints relating to a large amount of rubbish and disused materials that had accumulated around the appellants property, including full sheets and fragments of asbestos fencing. They issued notices but the appellant did not take any action to remove the waste, and was subsequently prosecuted for one charge of contravention of the … Continue reading Stewart v City of Belmont [2013] WASC 366 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Basham v City of Joondalup [2015] WASC 345

The appellant was convicted of a minor parking fine which he contested, and was fined $60 and ordered to pay costs of $1,478.70. The appellant sought leave to appeal from the conviction, and the costs order on the grounds it was manifestly excessive, in Basham v City of Joondalup [2015] WASC 345. The appellant claimed … Continue reading Basham v City of Joondalup [2015] WASC 345 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Dore v State of Queensland and Anor [2004] QDC 364

The applicants pleaded guilty to an offence under the Integrated Planning Act 1997 in relation to the clearing of trees on their property without a development permit and a further offence under the Land Act 1994 of clearing trees on a road without a tree clearing permit. The brothers were represented by counsel in the Magistrates Court but … Continue reading Dore v State of Queensland and Anor [2004] QDC 364 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Burns v State of Queensland [2004] QSC 434

The applicant had decided to sell her land, and in order to maximize the sale price, to substantially clear it first.  For that purpose, it was necessary that she secure a development permit, but it was refused. She then appealed against the refusal to grant the permit, to the Planning and Environment Court, and the … Continue reading Burns v State of Queensland [2004] QSC 434 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Glasgow v Hall [2006] QDC 042

The applicant was found guilty by an Acting Magistrate on 16 February 2005 of an offence of starting an assessable development without a development permit, constituted by clearing remnant vegetation on freehold land. He was fined $10,000 and ordered to pay costs amounting to $15,759.25.  The proceeding in Glasgow v Hall [2006] QDC 042 was … Continue reading Glasgow v Hall [2006] QDC 042 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Glew v Shire of Greenough [2006] WASCA 260

Glew v Shire of Greenough [2006] WASCA 260 The appellant raised a number of grounds, including the changes of terminology contained within the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003, which was contended has "removed Her Majesty and the Crown", that there is some constitutional impediment to the State Parliament exercising legislative … Continue reading Glew v Shire of Greenough [2006] WASCA 260 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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/2740936196191104 … Continue reading Mick Arnup‎ →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5

The appellants were convicted of offences under the Planning and Development 2005 (WA) and appealed in Pengelly v Abbiss [2013] WASC 10. The appellants contended that the State Constitution, the Local Government Act 1995 and the Magistrates Court Act 2004 were invalid, that the primary magistrate had not been sworn in using the lawful oath, … Continue reading Pengelly v Serpentine Jarrahdale Shire [2014] WASCA 5 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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John Peter Bauskis

In the matter of Bauskis [2006] NSWSC 908 John Peter Bauskis was convicted with contempt of court over an incident where a group of protesters for John Wilson caused havoc at one of his hearings, yelling abuse at the judge for refusing to grant a trial by jury in a summary offence matter. The judge … Continue reading John Peter Bauskis → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Independent Sovereign State of Australia

Cameron v Beattie [2001] QCA 392 "For reasons that will become apparent I shall refer to the appellant by his full name Donald Gordon Cameron.  He brought an action in the Supreme Court for declaratory relief, including a declaration that the latest State election was invalid.  His statement of claim was summarily dismissed by Justice … Continue reading Independent Sovereign State of Australia → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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The Fee Simple Alienation Argument

As you will note from the plentiful amount of case law surrounding this premise, the primary authority that overrules the fee simple alienation argument is found in Bone v Mothershaw [2002] QCA 120 https://freemandelusion.com/wp-content/uploads/2020/06/bone-v-mothershaw-2002-qca-120.pdf This decision was appealed to the High Court, where leave to appeal was rejected in Bone v Mothershaw [2003] HCATrans 779 https://freemandelusion.com/wp-content/uploads/2020/06/bone-v-mothershaw-2003-hcatrans-779.pdf The … Continue reading The Fee Simple Alienation Argument →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Pennicuik v City of Gosnells [2011] WASC 63

In Pennicuik v City of Gosnells [2011] WASC 63 the appellant sought to raise a contention about the lack of validity of Local Government because of lack of recognition in the Federal Constitution of the third tier of government, arguments to similar effect were raised and dealt with by the Court of Appeal in the case … Continue reading Pennicuik v City of Gosnells [2011] WASC 63 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Sill v City of Wodonga [2017] VSC 671

Sill v City of Wodonga [2017] VSC 671 This is a case about a disputed $22.50 dog licence fee.  To use the words of the applicant in his written case: "This case started with a notice from my Local Government Office in Wodonga, the notice said I had to pay for a $22.50 annual dog … Continue reading Sill v City of Wodonga [2017] VSC 671 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 YouTube channel. The CIR NOW website is full of OPCA related content and pseudo legal myths, constitutional misconceptions spread by various vexatious litigants and more... Here are a few examples of the … Continue reading Mike Holt (CIR NOW) → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Lade and Company Pty Ltd v Finlay & Anor; Lade v Franks & Anor [2010] QSC 382

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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike … Continue reading Lade and Company Pty Ltd v Finlay & Anor; Lade v Franks & Anor [2010] QSC 382
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Palmer v City of Gosnells [2014] WASCA 102

In Palmer v City of Gosnells [2014] WASCA 102 the appellants contended that the Oath of Allegiance in the schedule to the Commonwealth Constitution must be sworn by every government officer State and Commonwealth, the Magistrates Court Act 2004 (WA) is invalid, that decisions of State courts do not form part of the common law, that … Continue reading Palmer v City of Gosnells [2014] WASCA 102 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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McDougall v City of Playford [2017] SASC 169

In McDougall v City of Playford [2017] SASC 169 the appellant was appealing a conviction for a parking fine. "This contention, as are all of the appellant’s various constitutional contentions, is incoherent and nonsensical. Indeed, the appellant’s contentions are so wide ranging and misconceived as to defy reasoned responses short of a short lecture series. The … Continue reading McDougall v City of Playford [2017] SASC 169 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Nibbs v Devonport City Council [2015] TASSC 34

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, Magistrates and Justices were required to take and subscribe the judicial oath prescribed by the … Continue reading Nibbs v Devonport City Council [2015] TASSC 34 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Wayne Glew

Wayne Kenneth Glew 1 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 point of law. Here is a brief summary of cases past:  Glew & … Continue reading Wayne Glew →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Councils are unconstitutional!

The premise that rates are unconstitutional because local government is not recognised in the federal 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 a Federation, and that legislative powers are divided between the Commonwealth and the States, as … Continue reading Councils are unconstitutional! →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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