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
Tag: The Foisted Contract
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
Ibolya Szucs v Deputy Commissioner of Taxation [2007] FCA 1492
In Ibolya Szucs v Deputy Commissioner of Taxation [2007] FCA 1492 the applicant resisted a sequestration order that issued regarding an unpaid tax debt. The notice of appeal sought orders that the sequestration order be set aside, that the Deputy Commissioner of Taxation, the Australian Taxation Office and an officer employed in the Australian Taxation Office … Continue reading Ibolya Szucs v Deputy Commissioner of Taxation [2007] FCA 1492
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
Donnellan v Garlick [2006] NSWSC 132
In Donnellan v Garlick [2006] NSWSC 132 the respondent served “quite inappropriate documents” on the court, such as “Letters Rogatory”, “Deed of Security”, “Certificate of Protest and Non-Response” which indicate a foisted contract was attempted. The documents were also notarized, as the court observed: "... It is the task of Public Notaries by notarial act to … Continue reading Donnellan v Garlick [2006] NSWSC 132
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
Millington v Police [2015] SASC 52
In Millington v Police [2015] SASC 52 the appellant had been convicted of a speeding offence via a speed camera and appealed the conviction. He alleged that the photographic evidence did not meet the requirements of the Evidence Act 1929, or the relevant certificates that of the National Measurement Act, and the accuracy that of … Continue reading Millington v Police [2015] SASC 52
Re Glenevan Pty Ltd [2015] NSWSC 201
In Re Glenevan Pty Ltd [2015] NSWSC 201 the Deputy Commissioner of Taxation sought an order that the defendant company Glenevan Pty Limited be wound up in insolvency and a liquidator appointed. In support of its grounds of opposition, the defendant filed a document entitled "Affidavit/Commercial Lien" sworn by its director, Anthony William Evans. The court … Continue reading Re Glenevan Pty Ltd [2015] NSWSC 201
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
Christie v Commissioner of Police [2014] QDC 70
The applicant was convicted of a driving offence ex parte as he did not appear, because he had sent correspondence which was not responded to, and therefore he believed a private agreement had been achieved. He contended in this correspondence that he was not bound by statutory laws as he is not a citizen of … Continue reading Christie v Commissioner of Police [2014] QDC 70
Anderson v Kerslake [2013] QDC 262
The appellant was convicted for failure to vote at an election without a valid and sufficient excuse. In Anderson v Kerslake [2013] QDC 262 Nerissa Anderson appealed the decision as "Nerissa of the Ngadjon-Jii Tribe" arguing she did not make a plea, that her birth certificate documentation was altered, that she is not an Australian … Continue reading Anderson v Kerslake [2013] QDC 262
R v Anning [2013] QCA 263
R v Anning [2013] QCA 263 was an appeal from a conviction on a single count of unlawful use of a motor vehicle. In the appellants submissions was a document entitled Notice of Rebuttal of Claim to Title to Land and Claim of Right, which asserted that the state of Queensland had no power to … Continue reading R v Anning [2013] QCA 263
Lacey v Earle [2014] ACTSC 397
In Lacey v Earle [2014] ACTSC 397, the appellant was convicted of driving offences, including using an unregistered and uninsured vehicle, exceeding the speed limit, and failing to provide her name. She challenged the jurisdiction of the courts to deal with the offences on the basis that she is an Aboriginal person over whom the courts … Continue reading Lacey v Earle [2014] ACTSC 397
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
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
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
In 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, he had discharged any liability to Capital. The Court concluded that his claim is manifestly hopeless, wholly untenable, incapable of constituting tender of payment, and sufficient … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477
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
K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528/621
After returns on investments in a Ponzi scheme, in K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528 the Plaintiff filed a Statement of Claim in the Common Law Division, bringing a claim for $75 million against Colin Biggers & Paisley Pty Ltd and Grant Thornton Australia Ltd. "The reference to “i, a man” in … Continue reading K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528/621
Rossiter v Adelaide City Council [2020] SASC 61
ABC NEWS: Driver who declared independence from society loses legal battle over unpaid parking fine Rossiter v Adelaide City Council [2020] SASC 61 "Various terms have been used to describe “pseudolegal arguments”.such as those advocated by the appellant in this case. (Adelaide City Council v Lepse [2016] SASC 66, [57] (Peek J). They have without … Continue reading Rossiter v Adelaide City Council [2020] SASC 61
Re Glenevan Pty Ltd [2015] NSWSC 201
Re Glenevan Pty Ltd [2015] NSWSC 201: In support of its grounds of opposition, the defendant has filed a document entitled "Affidavit/Commercial Lien" sworn by its director, Anthony William Evans, on 15 January 2015. This document of some 15 pages comprises largely spurious legal nonsense. It is not necessary to deal with it in detail, … Continue reading Re Glenevan Pty Ltd [2015] NSWSC 201
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
Lion Finance Pty Ltd v Johnston [2018] FCCA 2745
Lion Finance Pty Ltd v Johnston [2018] FCCA 2745 "Having read the applicant's (Johnston) material I formed the view that the applicant (Johnston) was seeking to avoid payment of her debt by engaging in an argument which has found some favour around the world, but principally in the United States, Canada and Australia. The argument … Continue reading Lion Finance Pty Ltd v Johnston [2018] FCCA 2745
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
The Fraudulent Foisted Contract
According to OPCA theory, a notarized document, sworn affidavit, notice of understanding intent and claim of right or other paperwork that is served by the offeror, becomes a valid contract or agreement of the parties after the expiry of an allotted time period. It is claimed that the terms are accepted by acquiescence, due to […]
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
Mark Pytellek
Mark Andrew Borleis 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. The Courier Mail: "Australian separatist Mark Andrew Pytellek held over courtroom brawl": Mark Pytellek has been running paid workshops teaching sovereign citizen concepts under variations of … Continue reading Mark Pytellek
One Peoples Public Trust – Heather Anne Tucci Jarraf
The One Peoples Public Trust was started by Heather Anne Tucci Jarraf. She initially filed a record with the U.C.C. (Uniform Commercial Code) and consistent with OPCA theory, after the filing was not “rebutted” by the “due date” it went into default, creating a “law” that “foreclosed all governments and corporate entities” and granted direct … Continue reading One Peoples Public Trust – Heather Anne Tucci Jarraf
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