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. Coram non judice This conclusion appears to have arisen solely from a misconception … 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 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

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 3 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; 1 BFRA 509

In National Australia Bank v Walter [2004] VSC 36; 1 BFRA 509 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 … Continue reading National Australia Bank v Walter [2004] VSC 36; 1 BFRA 509

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

In Culleton v Elliott [2019] WASC 407 the applicant resisted a mortgage foreclosure commencing a private prosecution against the respondent for obtaining 'stolen goods' and selling those goods. "The bulk of the outline of submissions is concerned with a tired and unmeritorious argument challenging the validity of the Royal Style and Titles Act 1973 (Cth) providing that the … Continue reading More Rodney Culleton cases

James Bowes

James Bowes is an OPCA adherent in Queensland, a truck driver, who has a Facebook page 1 and a YouTube channel "barefootbowie" 2. He was quite involved years ago with following cannon law and other aspects initially raised by Frank O'Collins, 3 with the atypical strawman and common law motifs that identify the ideology, as … Continue reading James Bowes

Oaths and Affirmations of Public Office

Section 42: Oath ‘directory and not absolute’ In September 1901, Attorney-General, Alfred Deakin, advised that, in his opinion, the direction in section 42 of the Constitution, that a member of the federal Parliament ‘shall before taking his seat make and subscribe’ the oath of allegiance, was ‘directory and not absolute’ in the sense that ‘neglect … Continue reading Oaths and Affirmations of Public Office

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. Despite Mike Palmer failing in his own cases submitting the very contentions he promotes, he continues to sell his flawed ideas to other gullible people for financial gain. Mike Palmer's Facebook page … 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 2019-2020, here are a few of those that are published. (1) Haughton v Roder [2019] SASC 199  (2) Haughton v Chapman [2019] SASC 200  (3) Haughton v Australia And New Zealand Banking Group Ltd [2019] SASC 198 (4) Haughton v Australia and New Zealand Banking Group … 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 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)

Dezi Freeman

Dezi Freeman "metaphorically" arrests a Magistrate!! There is 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 ironically, … 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 current Facebook profile Steven Spiers 1 has been discontinued due to a  ban, however his YouTube account is still active, but all videos have been removed. 2 He has … Continue reading Steven Spiers 

Sam Jones

Sam Jones 1 operates the Corporate Australia 2 website. There are countless articles on this 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 … Continue reading Sam Jones

Rodney Culleton

Even a few Australian members of parliament have fallen for OPCA theories... Anne Bressington, who was elected to the South Australian Legislative Council at the 2006 South Australian election as Nick Xenophon's running mate, was once reported to have followed One Peoples Public Trust, and was later involved with UN Swissindo, another OPCA scam. Malcolm … Continue reading Rodney Culleton

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

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

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!