The Law of Nations

Emerich de Vattel; "The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns" is a legal treatise on international law published in 1758, and has been said to have modernized the entire practice of international law. Vattel’s Law of Nations was translated into English in 1760, … Continue reading The Law of Nations

Kable v DPP (NSW) [1996] HCA 24

Kable v DPP (NSW) [1996] HCA 24 (Dawson J. at p 11 - 12): "But the important thing is that for present purposes the words "peace, welfare, and good government" are not words of limitation. As this Court observed in Union Steamship Co of Australia Pty Ltd v King (39): "They did not confer on … Continue reading Kable v DPP (NSW) [1996] HCA 24

Parliaments are not Supreme

Wayne Glew claims that Parliaments are not supreme or sovereign, relying on cherry-picked passages in pages 676 1 and 791 2 of Quick and Garran, which he uses in response to the well established doctrine of Parliamentary Sovereignty. “The Parliament is not supreme, and the very essence of the Federation is that it should not be … Continue reading Parliaments are not Supreme

The Laws of God are Superior

Extract from BarrettLennard -v- Bembridge [2015] WASC 353 "These grounds of appeal were developed in the appellant's written submissions of 16 September 2015. In oral submissions, the appellant stated that the only thing he wanted to add to his written submissions was that 'because I am a Christian, I need it clarified as to whether Bible … Continue reading The Laws of God are Superior

Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7

Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7 "There is little point in searching for additional expositions of, or foundations for, the principle that courts will presume that legislation does not overrule the common law in the absence of clear and express terms, given that it is so clear and … Continue reading Durham Holdings Pty Ltd v The State of New South Wales [2001] HCA 7

For peace, order and good government

The words “for peace, order and good government” appear in the Commonwealth and State Constitutions in relation to the legislative powers of the parliaments. For example, section 51 of the Commonwealth Constitution begins with the words: “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government … Continue reading For peace, order and good government

Peter Gargan

Vexatious litigant Peter Alexander Gargan is still very active in the OPCA community, advising Rod Culleton in his matters before the courts, as well as recently travelling to the UK on his behalf attempting to bring a case before the Privy Council. In Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398  Mr Con … Continue reading Peter Gargan

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

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