Norman v Heers (Trustee) [2016] FCA 821

I don't think I'll comment on Norman v Heers (Trustee) [2016] FCA 821, it is either self explanatory or incomprehensible: "I am of sound mind, i.e. this affidavit and the facts herein are the product of knowledge and creative-expression by its creator. My name constitutes property. My name is owned by my master in accordance … Continue reading Norman v Heers (Trustee) [2016] FCA 821

ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852

In ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852 the defendants appealed a summary judgment by the bank, "...on the grounds that it is fraudulent, misleading, with the intention to deceive the court and as well as being frivolous, scandalous, vexatious and an abuse of process." They alleged that the bank was involved … Continue reading ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852

ACM Group Limited v McClymont [2014] FCCA 2581

In ACM Group Limited v McClymont [2014] FCCA 2581 the defendant argued that Westpac should account to him for the amount it received for the debt from the petitioning creditor because it was his signature on the credit contract that created the asset that Westpac sold or assigned to the petitioning creditor, and that having created … Continue reading ACM Group Limited v McClymont [2014] FCCA 2581

Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609

In Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609 the applicants were represented by a non-lawyer, Peter Paalvast, seeking an order to block liquidation of their farm. They had annotated a copy of a judgment for the sale of farm assets, "...and attached that to other documents exhibiting various stamps and seals and … Continue reading Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609

Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188

In Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 the defendant fought a sequestration order with what appears to be a foisted contract seeking to estop the collection action, arguing that he had "...prepared a bill of exchange with a face value of $1 AUD and forwarded that to the ATO seeking acceptance as settlement … Continue reading Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188

Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143

In Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143 the court rejected the securitization argument contended by the appellants,  alleging that: "the respondent had 'sold' the mortgage and failed to disclose this, and the applicants had not received any consideration from the respondent, and that is why the applicants 'have to be paid by bill … Continue reading Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143

Atkinson v Commissioner of Taxation [2014] FCA 1217

In Atkinson v Commissioner of Taxation [2014] FCA 1217 the applicants sought a declaration that $112,500.00 in outstanding income tax had been paid by a bill of exchange. Peter Paalvast filed written submissions on behalf of the first and second applicants. The court noted: This is the third time this year that this Court has been … Continue reading Atkinson v Commissioner of Taxation [2014] FCA 1217

Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742

ANZ provided various facilities to Glenevan Pty Ltd, a company of which Mr and Mrs Evans were the sole directors. The facilities were secured by guarantees given Mr and Mrs Evans and mortgages over three properties and two vehicles. In February 2015, the company was placed into liquidation, resulting in an event of default occurring. … Continue reading Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742

Westpac Banking Corporation v McLean [2012] WASC 182

In Westpac Banking Corporation v McLean, [2012] WASC 182 the respondent resisted foreclosure of her property, arguing it had been “securitized” and could not be enforced. The court rejected this defence because the loan had never been securitized, and concluded on the basis of prior jurisprudence that even if the mortgage had been securitized that was … Continue reading Westpac Banking Corporation v McLean [2012] WASC 182

Wilmink (Trustee) v Westpac Banking Corporation [2014] FCA 872

David John Waden as trustee for the Waden Family Investment Trust entered into a mortgage which was secured over a property. Westpac commenced proceedings in the District Court seeking judgment for the amount and possession of the property.  At the hearing, the Mr Waden explained that he had paid the $325,000 by way of a … Continue reading Wilmink (Trustee) v Westpac Banking Corporation [2014] FCA 872

Tadeusz Krysiak

Tadeusz Krysiak was charged with exceeding the speed limit. At the mention and trial he sought to challenge the jurisdiction of the Magistrates Court but was unsuccessful, and sought leave to appeal the conviction in Krysiak v Hodgson, [2009] WASC 16 1 but did not appear. The court found the grounds on the submissions were … Continue reading Tadeusz Krysiak

Hou v Westpac Banking Corporation [2015] VSCA 57

Summary judgments were made regarding a mortgage recovery, and as there was no appearance by the defendants, reasons were not pronounced in court and subsequently a request was made for reasons for appeal, which were given in Westpac Banking Corporation v Qin Qin Hou and Savvas Kanakaridis [2014] VSC 330 and Westpac Banking Corporation v … Continue reading Hou v Westpac Banking Corporation [2015] VSCA 57

Vaughan v HSBC Bank Australia Limited [2009] FCA 1007

In Vaughan v HSBC Bank Australia Limited [2009] FCA 1007 the applicant invoked what he described as a ‘Private Administration Process’ through a series of documents, one which apparently recorded a then current indebtedness of the applicant to the Bank of $504,597.23 and attached a birth certificate as payment. The Bank did not engage in the … Continue reading Vaughan v HSBC Bank Australia Limited [2009] FCA 1007

St George Bank v Hammer (No 2) [2015] NSWSC 953

The defendant applied to have a foreclosure proceeding transferred to Federal Court, but the application for an adjournment was rejected in St. George Bank v Hammer [2015] NSWSC 957. After a transfer under the Financial Sector (Business Transfer and Group Restructure) Act, all the assets and liabilities of St George Bank became assets and liabilities … Continue reading St George Bank v Hammer (No 2) [2015] NSWSC 953

Commonwealth Bank of Australia v Roskott [2014] NSWSC 246

Commonwealth Bank of Australia v Roskott [2014] NSWSC 246 Proceedings commenced seeking possession of a property claiming a judgment against the defendants for a sum in excess of $1 million. The defendants, acting for themselves, claimed a new agreement had been entered into with the plaintiff's chief executive officer, in which the defendants had discharged … Continue reading Commonwealth Bank of Australia v Roskott [2014] NSWSC 246

Szita v Capital Finance Australia Limited (2004) FCA 477

Szita v Capital Finance Australia Limited (2004) FCA 477 The appellant claimed that by sending to Capital a document call a “certified promissory note” specifying an amount of $116,375.95, Mr Szita has discharged any liability to Capital. The Court concluded that Mr Szita’s claim is manifestly hopeless, wholly untenable, incapable of constituting tender of payment, … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477

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

Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86

In Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86, the defendant sought to draw a legal distinction between herself (whom she refers to as the living person, ‘Heather Jean Grahame’ on the one hand, and the named defendant in the proceeding, whom she refers to as the corporate entity ‘HEATHER JEAN GRAHAME’ (in capital … Continue reading Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86

John Russell (Royal Bank of Australia)

   Royal Bank of Australia is a fictional bank created by John Russell. The website claims: "The Royal Bank of Australia is the central bank of the 'Crown of the United Kingdom of Great Britain and Ireland' and 'The Commonwealth'. The Bank provides sovereign banking services to Governments globally, and to a number of overseas central … Continue reading John Russell (Royal Bank of Australia)

Deputy Commissioner of Taxation v Aitken [2015] WADC 18

In Deputy Commissioner of Taxation v Aitken [2015] WADC 18 the defendant contended he had delivered to the plaintiff a non-negotiable promissory note to discharge his debt and as that promissory note has not been presented for payment by the plaintiff nor dishonoured the debt is discharged and matter settled. Further, that all laws passed since … Continue reading Deputy Commissioner of Taxation v Aitken [2015] WADC 18

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

Woods v Australian Taxation Office & Ors [2016] QDC 198

The Australian Taxation Office submitted that Sonia Woods had tax liabilities owing of $77,521.21. In her correspondence with the Australian Taxation Office from August 2015, she raised various issues concerning her debt including the alleged operation of the Bills of Exchange Act 1909 (Cth). On 3 December 2015, she gave the Australian Taxation Office a … Continue reading Woods v Australian Taxation Office & Ors [2016] QDC 198

ACM Group Ltd v Jenner [2014] QMC 7

ACM Group Ltd v Jenner [2014] QMC 7 "The A4V notice and the “certified agreement” are unilateral “quasi-agreements” unsupported by valuable consideration. Neither is binding on the involuntary party. The documents do not create formal legal relations or contractual consequences with or for anyone. In fact despite its misuse of Latin maxims and bizarre make … Continue reading ACM Group Ltd v Jenner [2014] QMC 7

Making money out of thin air

OPCA litigants have employed a number of what may be called "money for nothing" schemes that purport to provide a mechanism by which the OPCA litigant can obtain unconventional benefits. These are the proverbial caves of hidden treasure. OPCA gurus who advance these concepts claim that, with the correct combination of documents, one can open … Continue reading Making money out of thin air

Mark Pytellek

Mark Andrew Borleis 1 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. Mark Pytellek has been running paid workshops teaching sovereign citizen concepts under variations of the name "Solutions Empowerment" 2 for at least a decade. … Continue reading Mark Pytellek

Santos Bonacci

Santos Bonacci, a self-styled “Astro-theologist” from Berwick Victoria, runs a Facebook page titled 'Universal Truth School' spruiking what he calls 'Syncretism' - "bringing together all the fields of knowledge and wisdom and showing the interrelatedness of all things". A very talented classical guitarist, he was once a fixture on the Melbourne busking scene, and with … Continue reading Santos Bonacci

Early OPCA Influence in Australia

Upmart (Malcolm McClure)  Ucadia  (Frank O’Collins) Love For Life (Arthur & Fiona Cristian) Peter Andrew Nolan Throughout the 2000s, OPCA concepts became increasingly cross-contaminated. Foreign concepts and legislation, such as A4V and the Uniform Commercial Code became common features in OPCA legal proceedings in the Commonwealth, sometimes alone and sometimes in combination with domestic concepts. … Continue reading Early OPCA Influence in Australia

Danny Maksacheff

Danny Maksacheff 1 is an OPCA litigant in New South Wales, who was influenced by a number of people such as Glenn Bowley, Romley Stewart Stover and Rodney Culleton, to pursue the course of action against the bank. Among the various OPCA motifs and constitutional misconceptions, the main premise was the delivery of a promissory … Continue reading Danny Maksacheff