Tag: Magna Carta

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 … Continue reading Montgomery v Child Support Registrar [2015] FCA 891 →
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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 … Continue reading O’Hagan v Commissioner of Taxation [2020] QDC 288 →
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National Australia Bank Limited v Norman [2012] VSC 14

In National Australia Bank Limited v Norman [2012] VSC 14 the court noted: "The counterclaim was comprised of random, almost incomprehensible, statements, propositions, quotations, argument and references to other material that appeared to have been lifted from other documents and randomly … Continue reading National Australia Bank Limited v Norman [2012] VSC 14 →
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Shields v Cbfc Limited [1994] FCA 1311

In Shields v Cbfc Limited [1994] FCA 1311 the appellants alleged bias by the primary judge, denying that they were obliged to make payments on a rent contract because the alleged debt was “created by the respondent as a book entry … Continue reading Shields v Cbfc Limited [1994] FCA 1311 →
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Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54

In Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54 the plaintiffs claimed that the loan was created by “book-entry credit” and is therefore false, misleading, and should not be enforced, and insisted if the bank was "entitled … Continue reading Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54 →
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Fisher v Westpac Banking Corporation [1992] FCA 390

In Fisher v Westpac Banking Corporation [1992] FCA 390, the plaintiffs alleged a misleading and deceptive, criminal conspiracy by all the bank to strip them of their assets, purporting "book entries which did not represent the commitment of "legal tender", referring … Continue reading Fisher v Westpac Banking Corporation [1992] FCA 390 →
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Arnold v State Bank of South Australia [1992] FCA 554

In Arnold v State Bank of South Australia [1992] FCA 554 the applicants sought to block a foreclosure on their farm, alleging that “... the mortgage involved the creation by the State Bank of a book-entry credit at no cost to itself.”, … Continue reading Arnold v State Bank of South Australia [1992] FCA 554 →
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Patrick Cusack

Like his friend Alan Skyring, Patrick Cusack ran a variety of arguments based in the validity of the currency and also reliance on imperial enactments. In Cusack, Patrick Leo v Australian Electoral Commissioner [1984] FCA 400 Patrick Cusack sought review of … Continue reading Patrick Cusack →
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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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Pavlomanolakos v National Australia Bank [1993] FCA 29

In Pavlomanolakos v National Australia Bank [1993] FCA 29, the applicant filed a document entitled "Notice of Constitutional Matters" claiming that "the creation of book-entry credits by Banks and other financial institutions" was unconstitutional, that a mortgage should not be enforced … Continue reading Pavlomanolakos v National Australia Bank [1993] FCA 29 →
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Koula Rafailidis

Koula Rafailidis 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 and several other Facebook groups. In Camden Council v Rafailidis [2012] NSWLEC 51 the respondents were … Continue reading Koula Rafailidis →
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Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216

The respondent made an application for review of the making of a sequestration order against his estate, but the court ordered that the application for review be dismissed, and published its reasons for judgment in Ledger Acquisitions Australia MB Pty … Continue reading Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216 →
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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 … Continue reading Ashwell v Commissioner for Consumer Protection [2015] WASC 337 →
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National Australia Bank v Walter [2004] VSC 36

In National Australia Bank v Walter [2004] VSC 36 the applicants raised a number of unorthodox arguments, including entitlement to trial by jury under Magna Carta, contended that the Constitution Act 1975 (Vic) is invalid on the ground that there … Continue reading National Australia Bank v Walter [2004] VSC 36 →
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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. … Continue reading Daniels v Deputy Commissioner of Taxation [2007] SASC 114 →
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Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111

In Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 the appellant resisted a mortgage foreclosure, firstly insisting on a right to trial by jury under the Magna Carta, and further contending that no moneys were lent, … Continue reading Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 →
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Alberta judge bars new ‘pseudo law’ advocate who claims Magna Carta puts her outside court’s authority

First there were the “detaxers,” who claimed that their physical, human selves were exempt from taxation rules. Then came the “freemen of the land” who said Canadian law only applied to them if they consented to it. Most didn’t. Now … Continue reading Alberta judge bars new ‘pseudo law’ advocate who claims Magna Carta puts her outside court’s authority →
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Keith Knights

Another adherent in New South Wales who's pseudo legal arguments fell flat when presented in court was Keith Knights. He released several videos on YouTube, and the frustration increased incrementally over the "corrupt courts and cops" not upholding "the true … Continue reading Keith Knights →
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Flowers v State of New South Wales [2020] NSWSC 526

In Flowers v State of New South Wales [2020] NSWSC 526 the applicant sought to order that his claim for damages for malicious prosecution be heard by a jury, and that his application for a jury should itself be determined … Continue reading Flowers v State of New South Wales [2020] NSWSC 526 →
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Green and Green [2018] FCWA 42

Green and Green [2018] FCWA 42 A property dispute between two self represented litigants, the husband had in the past conducted his own proceedings before the Magistrates Court, District Court, Supreme Court of Western Australia, the Court of Appeal and … Continue reading Green and Green [2018] FCWA 42 →
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Nick Peters

In the primary court prior to Peters v Pimm Pty Ltd [2019] QCA 306, Daubney J, sitting as President of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal, found that the applicant had not proved the facts to support his claim … Continue reading Nick Peters →
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Alan Skyring

Alan Skyring ran the section 115 currency argument persistently for many years. He has the unique record of having been declared a vexatious litigant in three jurisdictions: the High Court (1992); the Queensland Supreme Court (1995) and the Federal Court … Continue reading Alan Skyring →
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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 … Continue reading Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018 →
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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 … Continue reading John Peter Bauskis →
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Independent Sovereign State of Australia

The "Independent Sovereign State of Australia" was an attempt at secession from Australia, but not in the usual form. It claimed to be a body politic of its own, with members in each State, who by their association, meant their … Continue reading Independent Sovereign State of Australia →
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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 … Continue reading Sill v City of Wodonga [2017] VSC 671 →
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Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120   

In Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120 the appellant submitted that the Constitution is invalid and the Queen is not Head of State, citing Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch) that … Continue reading Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120    →
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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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Van den Hoorn v Ellis [2010] QDC 451

In Van den Hoorn v Ellis [2010] QDC 451 the appellant contended he was the “owner of the created fictions known as JOHAN HENDRICK VAN DEN HOORN and JOHN HENRY VAN DEN HOORN, being created fictions fraudulently owned and controlled by … Continue reading Van den Hoorn v Ellis [2010] QDC 451 →
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Mark Pytellek

Mark Andrew Borleis is also known as Mark Andrew Pytellek. In 2006 he claimed Magistrate White owed him 6.5 million for rejecting his defence and upholding the states traffic laws. The Courier Mail: "Australian separatist Mark Andrew Pytellek held over courtroom … Continue reading Mark Pytellek →
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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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John Wilson

73-year-old John Wilson does not look like your stereotypical terrorist. . Hunched and with the remains of his white hair flying from the sides of his head, the former dentist is a regular fixture outside NSW courts. Spouting his hyperbole about … Continue reading John Wilson →
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Magna Carta and Bill of Rights

The Magna Carta  OPCA theorists in Australia insist that Article 61 of the Magna Carta grants them the right to "lawful rebellion" if the charter is breached. If they are seeking some sort of judicial permission to rebel, unfortunately the … Continue reading Magna Carta and Bill of Rights →
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