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

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

Wilson v White [2007] WASCA 87

The appellants received a sequestration order and failed to make out and file with the Official Receiver a statement of affairs, and were subsequently convicted. They contended that the manner in which the magistrate had proceeded was unlawful by virtue of the provisions about discrimination contained in the International Covenant on Civil and Political Rights, … Continue reading Wilson v White [2007] WASCA 87

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

Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533

The applicant was arrested after failing to appear in court. A friend of the applicant sought habeas corpus, claiming the cannabis charge not be valid as its use is guaranteed by the Bible. Another friend filed a statement claiming the detention was unlawful, based on a Strawman argument. In Application of Adrian Ashley of the … Continue reading Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533

Maxwell Hugh Wilson

Maxwell and Dorothy Wilson received a sequestration order and failed to make out and file with the Official Receiver a statement of affairs, and were subsequently convicted. They contended that the manner in which the magistrate had proceeded was unlawful by virtue of the provisions about discrimination contained in the International Covenant on Civil and Political … Continue reading Maxwell Hugh Wilson

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

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

Barrett-Lennard v Bembridge [2015] WASC 353

In BarrettLennard -v- Bembridge [2015] WASC 353 the appellant contended Biblical law is supreme and that the magistrate refused to hear Biblical references as vowed to be upheld by its supreme governor Queen Elizabeth II in her Coronation oath, and that due to Deuteronomy 4:2 Christians cannot be compelled to hold a drivers licence, give accurate details … Continue reading Barrett-Lennard v Bembridge [2015] WASC 353

The Laws of God are Superior

Some OPCA adherents believe that Biblical law holds a superior status over the secular laws of the State. Any such notions ended with the Glorious Revolution in 1688, when the principle of parliamentary supremacy was recognised.  BarrettLennard -v- Bembridge [2015] WASC 353: "These grounds of appeal were developed in the appellant's written submissions of 16 … Continue reading The Laws of God are Superior

Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646

These two cases were initially heard together by Bell J in the Supreme Court in Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646, (Kyriazis v County Court of Victoria (No 1) [2017] VSC 636 was an application to audio-record a judicial review proceeding by a self-represented party). In this … Continue reading Harkness v Roberts; Kyriazis v County Court of Victoria (No 2) [2017] VSC 646

Peter Gargan

Despite having been declared a vexatious litigant in 4 jurisdictions in Australia, 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. Peter Gargan's litigation history … Continue reading Peter Gargan

Hewitt & Corbett & Anor [2016] FCCA 776

In Hewitt & Corbett & Anor [2016] FCCA 776 the husband claimed he comes under the higher jurisdiction of the “UCADIA BYLAWS”, with all registrations of property and records (birth certificate etc). He claims that a property settlement between the wife and the husband was conducted under the higher jurisdiction of Ecclesiastical Ruling by the Church. … Continue reading Hewitt & Corbett & Anor [2016] FCCA 776

“Humbly Relying on the Blessing of Almighty God”

The phrase "Humbly relying on the Blessing of Almighty God" in the Preamble to the Constitution is misinterpreted by many constitutional theorists as implying a hierarchy of the Bible over the Constitution. One of these is Steven Spiers, in his "Realm and Commonwealth" and "Realm and Man" papers. As already covered in previous articles, there is … Continue reading “Humbly Relying on the Blessing of Almighty God”

Section 116 – Religious Freedom

Section 116 provides: "The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth."  The main two limbs of this section … Continue reading Section 116 – Religious Freedom

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

Early OPCA Influence in Australia

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. This borrowing is obvious in different movements, for example, the double or split person concept and … Continue reading Early OPCA Influence in Australia

The Preamble to the Constitution

The preamble of the Commonwealth Constitution Act is relied on by many theorists to insist on various contentions regarding our constitutional relations with the UK, and also adherence to Christian principles. Although often referred to as a preamble to the Constitution, this is factually incorrect. It is generally accepted that everything below Section 9 is the Constitution, … Continue reading The Preamble to the Constitution