OPCA adherents often raise the proposition that if a judicial oath of office is somehow defective, it disqualifies the judge from the position, and his orders are coram non judice, or void. Under the De facto Officers Doctrine, the acts of a de facto public officer done in apparent execution of his office cannot be … Continue reading De facto Officers
Tag: Oaths of Office
A Coram is not a Judge
It is a common belief among OPCA adherents that since case transcripts often have the name of the judge as "CORAM" it means that the person is not a true judge but someone without any authority or jurisdiction to decide the matter. "The judges of the Supreme Court are only coram, not judges!" is literally … Continue reading A Coram is not a Judge
Jakaj v Kinnane [2019] ACTSC 71
The applicant was convicted of using a mobile phone while driving a motor vehicle. He had a right of appeal from the orders made by the ACT Magistrates Court but he did not seek to exercise that right, and instead sought judicial review of the Magistrate’s decision in Jakaj v Kinnane [2019] ACTSC 71. There … Continue reading Jakaj v Kinnane [2019] ACTSC 71
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
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
Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255
Firstmac Fiduciary Services Pty Ltd was granted a writ of restitution in Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255 to recover possession of property from the defendant, after he defaulted on a loan. He refused to give vacant possession of the property, and the sheriff was called to evict him, change the … Continue reading Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255
Elliott v Commissioner of Police [2014] QDC 161
The appellant was charged for refusing to give a breath sample, possession of cannabis, drive under influence, and obstruction of a police officer. At the mention he refused to enter a plea, saying to the magistrate: "Do you agree that the prosecution has not provided the evidence, the statutory laws apply to, a man, a … Continue reading Elliott v Commissioner of Police [2014] QDC 161
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
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
Hedley v Spivey [2011] WASC 325
The appellant was charged with obstructing a police officer in the execution of his duty. He was convicted and sought leave to appeal in Hedley v Spivey, [2011] WASC 325, on the grounds that the magistrate wasn't in a Chapter III court, that he failed to swear an oath of allegiance to the Crown, and … Continue reading Hedley v Spivey [2011] WASC 325
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
Sacco v The Queen [2018] VSCA 353
The applicant was found guilty of attempting to pervert the course of justice, in DPP v Sacco (Unreported, County Court of Victoria, Judge Murphy, 10 August 2018) and appealed the conviction on the ground that a ‘substantial miscarriage of justice' had occurred in Sacco v The Queen [2018] VSCA 353. In her submissions was an eight page document … Continue reading Sacco v The Queen [2018] VSCA 353
Donohue v Victorian Electoral Commission [2015] VSC 98
In Donohue v Victorian Electoral Commission [2015] VSC 98 Garde J considered an application by GJ Donohue to restrain the State general election. The statement of issues relied upon included: The removal of Her Majesty Queen Elizabeth the Second, Her heirs and successors and subjects from statute law within the State of Western Australia The creation … Continue reading Donohue v Victorian Electoral Commission [2015] VSC 98
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
More Rodney Culleton cases
Rodney Culleton filed a writ naming Bradley Kershaw as the first defendant along with some further 17 individuals as defendants to his claim for $250,000 for defamation and injury to his reputation, caused by the defendant’s written publication on the Australian Sixty Minutes Program of Channel 9 Face Book Account in April 2015. (See Culleton v … Continue reading More Rodney Culleton cases
James Bowes
James Bowes is an OPCA adherent in Queensland, a truck driver, who has a Facebook page and a YouTube channel "barefootbowie". He was quite involved years ago with following cannon law and other aspects initially raised by Frank O'Collins, with the atypical strawman and common law motifs that identify the ideology, as his 2013 videos and … Continue reading James Bowes
Oaths and Affirmations of Public Office
OPCA adherents invariably claim that politicians and judges are acting outside of and contrary to their oaths, especially in relation to the monarch. This is generally regarding the removal of references to the Crown in the judicial oaths of some States, but also claims that federal politicians are not performing their oaths according to section … Continue reading Oaths and Affirmations of Public Office
Glenn Bowley
Glenn Geoffrey Bowley is an OPCA litigant from New South Wales. He also goes by the nickname "Gypsy" which later became "Gypsy Hors de Combat". He also has a YouTube channel. Glen Bowley was once a big supporter of Rod Culleton, he even met up and was pictured in these photos with Rod Culleton in … Continue reading Glenn Bowley
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
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
Mike Palmer
Mike Palmer operates Know Your Rights Group and Aussie Speeding Fines, both websites promote many OPCA concepts and sells booklets of the same titles. Like the multi-level marketing strategies employed by the Institute of Taxation Research, Mike Palmer actively employs an enthusiastic sales pitch to sell his wares, reminiscent of a used car salesman making you … Continue reading Mike Palmer
Rural Bank (A Division Of Bendigo And Adelaide Bank Limited (ACN 068 049 178) v Manolini [2019] WASC 313
In Rural Bank (A Division Of Bendigo And Adelaide Bank Limited (ACN 068 049 178) v Manolini[2019] WASC 313, the bank brought proceedings against the Manolini's claiming repayment of money owing under a loan, and vacant possession of land which was subject to a first mortgage securing the debt. The judge granted summary judgment in … Continue reading Rural Bank (A Division Of Bendigo And Adelaide Bank Limited (ACN 068 049 178) v Manolini [2019] WASC 313
Peter Scott Haughton
Peter Scott Haughton ran a series of cases in 2019-2021, heavily influenced by the assertions of a range of constitutional theorists. His story is a sad tale of ruin due to the adoption of the OPCA mindset, from successful businessman to a bankrupt. According to Dun & Bradstreet "The Trustee for Peter Haughton Family Trust Company … Continue reading Peter Scott Haughton
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
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
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)
Dezi Freeman
Dezi Freeman "metaphorically" arrests a Magistrate!! There was an internet rumour being spread in facebook groups that OPCA adherent Dezi Freeman "arrested magistrate Ian Watkins" during a "civil hearing he was presiding over in the Wangaratta Magistrates Court" on Friday the 31st of May 2019. The post in a Facebook page called Alpine Regional News, (which quite … Continue reading Dezi Freeman
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
Steven Spiers
Steven Spiers is an OPCA litigant now residing in North Queensland, after living in both New South Wales and Victoria, but is originally from the Northern Territory. His Facebook profile Steven Spiers has been discontinued, however his YouTube account is still active, but all videos have been removed. He has since set up a website stevenspiers.com … Continue reading Steven Spiers
Sam Jones
Sam Jones operates the Corporate Australia website. There are countless articles on his website relating to the "strawman" and "common law" myths, with an added twist of the "corporate government" myth to incite an emotional response from the reader, to "fire them up" about how truly terrible it is that we are living under occupation by a … Continue reading Sam Jones
Rodney Culleton
Rodney Culleton is an Australian politician who was sworn in and sat as a Senator for Western Australia following the 2016 federal election. At that time he was a member of Pauline Hanson's One Nation Party, but in December 2016 he resigned from the party to sit as an independent. A week later the Federal … Continue reading Rodney Culleton
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, Magistrates and Justices were required to take and subscribe the judicial oath prescribed by the … Continue reading Michael Nibbs
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
Lawyers swear an oath to the BAR!
One of the more unusual theories associated with the sovereign citizen movements is the belief that lawyers who are members of bar associations in the United States are, in fact, agents of the British Crown and do not have legitimate status in American courts. This is based in a false but widely repeated claim that … Continue reading Lawyers swear an oath to the BAR!
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