Responsible Government and the Divisibility of the Crown

Anne Twomey; "Responsible Government and the Divisibility of the Crown" This article addresses the misconceptions and misunderstandings that surround the meaning of references to "the Crown". It focuses on the divisibility of the Crown and the criteria for the creation of a new Crown in self-governing colonies, dependencies and independent Commonwealth nations. It places the … Continue reading Responsible Government and the Divisibility of the Crown

The Evolution of a Separate Australian Crown

George Winterton; "The Evolution of a Separate Australian Crown" "Apart from a brief debate regarding an elective Governor-General (obviously resolved in the negative),' the constitutional framers gave virtually no consideration to the formal executive,' simply taking it for granted that the Imperial monarch would remain Australia's Head of State. Even republicans like Inglis Clark accepted … Continue reading The Evolution of a Separate Australian Crown

The Institute of Taxation Research and Wayne Levick

The Institute of Taxation Research was formed in 1998, promising that one could make any tax liability voluntary if they used their services. The strategy centered around the proposition that the taxation legislation is invalid, as the whole legal system has no basis in law and the Constitution is invalid, so there is no basis … Continue reading The Institute of Taxation Research and Wayne Levick

Hopes v Australian Securities and Investments Commission [2016] WASC 198

In Hopes v Australian Securities and Investments Commission [2016] WASC 198 the appellant resisted the liquidation of his company, alleging that the Commonwealth Parliament lacked power to enact the Royal Style and Titles Act 1973 (Cth) meaning that legislation passed since the commencement of the 1973 Act, including the Corporations Act, had not received Royal Assent as … Continue reading Hopes v Australian Securities and Investments Commission [2016] WASC 198

Ashwell v Commissioner for Consumer Protection [2015] WASC 337

The appellant was convicted of two counts of breaching the prescribed requirements for warranties against defects and one count of making a false or misleading representation concerning the exclusion of a right or remedy, in his business. The appeal in Ashwell v Commissioner for Consumer Protection [2015] WASC 337 was also against the sentences imposed. … Continue reading Ashwell v Commissioner for Consumer Protection [2015] WASC 337

Baker v New South Wales Police [2013] NSWSC 57

The appellant was convicted of refusing to provide a breath sample, speeding, and not producing a driver’s licence. He appealed in Baker v New South Wales Police [2013] NSWSC 57 on the grounds he was denied his “inalienable right to trial by jury”, and demanded $250,000.00 in damages. He also contended that all judges must be … Continue reading Baker v New South Wales Police [2013] NSWSC 57

Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72

The applicant was born in the United Kingdom and entered Australia in 1974. At the time of his  settlement in Australia with his parents, the applicant was a citizen of the United Kingdom and Colonies, a member of a class of persons who were "British subjects", who were expressly excluded from the definition of "alien" … Continue reading Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72

Southern Centre of Theosophy Inc v South Australia [1979] HCA 59

In Southern Centre of Theosophy Inc v South Australia [1979] HCA 59 it was alleged that the continued existence of the jurisdiction of the Privy Council in relation to South Australia depends upon the continued prerogative of Her Majesty to act in executive matters in relation to South Australia on the advice of other than … Continue reading Southern Centre of Theosophy Inc v South Australia [1979] HCA 59

Joosse v Australian Securities and Investment Commission [1998] HCA 77

In Joosse v Australian Securities and Investment Commission [1998] HCA 77 the applicants contended that there had been "...an unremedied, perhaps even irremediable, "break in sovereignty" in Australia" by the Treaty of Versailles so that subsequent legislation is invalid, and further contended that since the references in the Constitution to the Queen were intended as references to the … Continue reading Joosse v Australian Securities and Investment Commission [1998] HCA 77

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

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

Cameron v Peter D Beattie in his capacity as Premier & Ors [2001] QSC 115

In Cameron v Peter D Beattie in his capacity as Premier & Ors [2001] QSC 115, the appellants contended that the Royal Style and Titles Act 1973 (Cth) changed an Act of the British Parliament of Westminster fraudulently in substituting the Queen of Australia for the Queen of the United Kingdom, based on the oath of … Continue reading Cameron v Peter D Beattie in his capacity as Premier & Ors [2001] QSC 115

R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892

R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892 England and Wales Court of Appeal (Civil Division) Royal Courts of Justice, London. On appeal after the application was dismissed by the High Court of Justice, Queen's Bench Division. RATIO: The court considered an application leave to request a judicial review … Continue reading R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892

Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch)

David Claude Fitzgibbon v Her Majesty's Government of the United Kingdom of Great Britain and Northern Ireland (2004) HC 03C03923 By an application notice dated the 18th November 2003, the Attorney General of the United Kingdom applied to strike out an action by Barrister David Claude Fitzgibbon from Australia, that "the functions of HM the Queen … Continue reading Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch)

Re Patterson Ex parte Taylor [2001] HCA 51

Re Patterson Ex parte Taylor [2001] HCA 51: (at 224): "Allegiance" examines the relationship between an individual and a sovereign power from the point of view of the individual, and principally by reference to duties and obligations which the individual may owe to that sovereign power.  In a monarchy, questions of allegiance may be personified … Continue reading Re Patterson Ex parte Taylor [2001] HCA 51

James Rech

Like many other failed constitutional theorists, James Rech has styled himself as a "Commonwealth Public Official" which he claims endows him with powers over the judiciary and government. His contentions are borrowed from vexatious litigants Wayne Glew and Brian Shaw, relating to "the Crown being removed from the states" due to amendments to the Judicial Oaths and also … Continue reading James Rech

Singh v Commonwealth of Australia [2004] HCA 43

Singh v Commonwealth of Australia [2004] HCA 43 details the concept of the Crown as a body politic, as opposed to the personal capacity of the monarch, in relation to the concept of allegiance.  As stated by Anne Twomey on page 386 of Constitution of New South Wales: "While the Crown remained indivisible, a British subject … Continue reading Singh v Commonwealth of Australia [2004] HCA 43

Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120   

In Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120 the appellant submitted that the Constitution is invalid and the Queen is not Head of State, citing Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch) that the Letters Patent issued under the Great Seal of Australia in appointing a Governor General … Continue reading Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120   

Lamont v Bright [2002] HCATrans 229

In Lamont v Bright [2002] HCATrans 229, the appellant sought to have answered a number of questions applicable to the Queen’s title, role and authority as identified in the Commonwealth of Australia Constitution Act.  He contended that the Queen of Australia is not a recognisable entity within the Commonwealth of Australia Constitution Act 1900, and are … Continue reading Lamont v Bright [2002] HCATrans 229

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

Conroy v Deputy Commissioner of Taxation [2005] QSC 206 

In Conroy v Deputy Commissioner of Taxation [2005] QSC 206  the appellant contended that the Governor- General was appointed by commission by the Queen as Queen of Australia and that there is no-one answering that description having any legal role in the constitutional or legal affairs of this country, and that the Great Seal of … Continue reading Conroy v Deputy Commissioner of Taxation [2005] QSC 206 

Fekete v Child Support Registrar [2016] FamCAFC 145

Fekete v Child Support Registrar [2016] FamCAFC 145 The applicant filed a Notice to Produce, seeking production of "...a Certified Copy of the Proclamation certificate of the Child Support (Registration and Collection) Act 1988 as well as certified copies of all Proclamation certificates for any and all amendments made to the Child Support (Registration and … Continue reading Fekete v Child Support Registrar [2016] FamCAFC 145

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 (which also has a YouTube channel), and Advance Australia. These websites are full of OPCA related content, pseudo legal myths, and constitutional misconceptions spread by various vexatious litigants and more. Here are … Continue reading Mike Holt (CIR NOW)

The Great Australian Party (GAP)

Rod Culleton and Wayne Glew teamed up as candidates for the right-wing "Great Australian Party" (GAP) in the 2019 Federal Election. Based in an ideology of constitutional conspiracy and popularism, they ran on the platform that they were going to "restore the Commonwealth". Wayne Glew ran as a Great Australian Party candidate in the 2019 Federal … Continue reading The Great Australian Party (GAP)