Tag: Local 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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

Glasgow v Hall [2006] QDC 042

The applicant was found guilty 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 an appeal from this decision. At the appeal … Continue reading Glasgow v Hall [2006] QDC 042 →

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 →

Glew v Shire of Greenough [2006] WASCA 260

In 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 →

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 →

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 of case law surrounding this premise, the primary authority that overrules the fee simple alienation … Continue reading The Fee Simple Alienation Argument →

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 Constitution of the third tier of government, arguments to similar effect were raised and dealt with by the Court of Appeal in the case of Glew … Continue reading Pennicuik v City of Gosnells [2011] WASC 63 →

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 →

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) →

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 →

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 →

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 →