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 lengthy notice served by the applicant contained 81 separate statements which the applicant required the … Continue reading Montgomery v Child Support Registrar [2015] FCA 891
Tag: Magna Carta
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
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 pasted into the pleading. Passages were quoted from Magna Carta and the Bible." The defendants argued that … Continue reading National Australia Bank Limited v Norman [2012] VSC 14
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 credit at no cost whatsoever”. The appellants filed extracts from “a manual, “How to Screw … Continue reading Shields v Cbfc Limited [1994] FCA 1311
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 to create cost-free book-entry credit and that book-entry credit so created is valid in law … Continue reading Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54
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 to the Credit River decisions, and other references in a publication titled “How to screw … Continue reading Fisher v Westpac Banking Corporation [1992] FCA 390
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.”, so the loan was unsupported by consideration. It was further contended that the Magna Carta … Continue reading Arnold v State Bank of South Australia [1992] FCA 554
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 decision not to accept his nomination for the House of Representatives Election unless it was … Continue reading Patrick Cusack
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 Victoria, and by virtue of his diplomatic status he and the land are protected by … Continue reading Brian Charles Fyffe
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 because its funds were "created by the (Bank) as a book-entry credit ‘out of thin … Continue reading Pavlomanolakos v National Australia Bank [1993] FCA 29
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 found in breach of the Environmental Planning and Assessment Act 1979 by carrying out development otherwise than … Continue reading Koula Rafailidis
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 Ltd v Kiefer [2014] FCCA 2216. The grounds in the submissions challenged the jurisdiction of … Continue reading Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216
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
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 is no proof that Queen Elizabeth II gave it royal assent, and alleged apprehended bias … Continue reading National Australia Bank v Walter [2004] VSC 36
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. The respondent contacted the ATO for the purpose of suggesting his taxation liability be reduced … Continue reading Daniels v Deputy Commissioner of Taxation [2007] SASC 114
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, but only credit created by book entry, which was unlawful because the only lawful mode … Continue reading Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111
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 a lengthy Alberta court decision has revealed a new version of what legal experts term “pseudo law,” … Continue reading Alberta judge bars new ‘pseudo law’ advocate who claims Magna Carta puts her outside court’s authority
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 law". His Facebook post calling for Magistrate David Heilpern's arrest: His final Facebook Live video encouraged … Continue reading Keith Knights
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 by a jury. In a very impressive document headed “Challenge to the Jurisdiction of the … Continue reading Flowers v State of New South Wales [2020] NSWSC 526
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 the High Court, resulting in the Supreme Court declaring him a vexatious litigant on the … Continue reading Green and Green [2018] FCWA 42
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 that the computer he bought from the respondent was faulty in various ways, and the … Continue reading Nick Peters
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 (1999). The general theme of his litigation has been that it is beyond the constitutional … Continue reading Alan Skyring
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
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
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 land was ceded from Australia, and they themselves not subject to the laws of Australia … Continue reading Independent Sovereign State of Australia
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
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 the Letters Patent issued under the Great Seal of Australia in appointing a Governor General … Continue reading Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120
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 not. After all, Magna Carta was the result of an agreement between the barons and … Continue reading Essenberg v The Queen [2000] HCATrans 297
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 Kable v. The Director of Public Prosecutions, 189, Commonwealth Law Reports 51 at pages 73 … Continue reading Carnes v Essenberg [1999] QCA 339
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 not a valid law or that other legal rights, which he claimed to have, prevailed … Continue reading Hubner v Erbacher [2004] QDC 345
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, then most assuredly in the end they will have to be governed from the outside. … Continue reading The Supremacy of Parliament
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 legal fictions” which included “australia inc” and “queensland inc”, as well as “queensland transport inc” … Continue reading Van den Hoorn v Ellis [2010] QDC 451
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 brawl": Mark Pytellek has been running paid workshops teaching sovereign citizen concepts under variations of … Continue reading Mark Pytellek
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 point of law. You just have to look at all the cases in which his … Continue reading Wayne Glew
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 being a Sovereign Citizen, he appears to be a harmless eccentric. But to NSW Counter … Continue reading John Wilson
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 law does not recognise this point. Historic record shows that Clause 61 of the 1215 … Continue reading Magna Carta and Bill of Rights
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