Tag: The Queen of Australia

The Crown as Corporation (1901)

Frederic Maitland; "The Crown as Corporation" (1901) In Re Stepney Election Petition; Isaacson v Durant (1886) 17 QBD 54, it was held that allegiance was owed not to the monarch in his or her personal capacity, but rather to the Crown … Continue reading The Crown as Corporation (1901) →
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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 … Continue reading Responsible Government and the Divisibility of the Crown →
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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 … Continue reading The Evolution of a Separate Australian Crown →
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Jakaj v Kinnane [2019] ACTSC 71

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 … Continue reading Jakaj v Kinnane [2019] ACTSC 71 →
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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 … Continue reading The Institute of Taxation Research and Wayne Levick →
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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 … Continue reading Hopes v Australian Securities and Investments Commission [2016] WASC 198 →
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David Fitzgibbon

Barrister David Fitzgibbon appeared in many cases attempting the contention that the Royal Style and Titles Act 1973 is invalid and unconstitutional, or that there was a "break in sovereignty" from the time of the Treaty of Versailles in 1919, … Continue reading David Fitzgibbon →
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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, … Continue reading Millington v Police [2015] SASC 52 →
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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 … Continue reading Ashwell v Commissioner for Consumer Protection [2015] WASC 337 →
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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 … Continue reading Baker v New South Wales Police [2013] NSWSC 57 →
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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 … Continue reading Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72 →
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The Corica’s

With a litigation history that rivals that of vexatious litigant Wayne Glew, the Corica's have been involved in at least 17 failed cases in which various flawed contentions were submitted. Although many of the following matters ran concurrently and on … Continue reading The Corica’s →
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Sue v Hill [1999] HCA 30

In Sue v Hill [1999] HCA 30 the defendant was elected as a senator while having duel Australian/UK citizenship, which resulted in the nomination being made ineligible under section 44 of the Constitution. The court held that since the Australia … Continue reading Sue v Hill [1999] HCA 30 →
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Pochi v Macphee [1982] HCA 60

In Pochi v Macphee [1982] HCA 60 the argument proceeded on the assumption that any person who is a British subject under the law of the United Kingdom cannot be an alien within section 51(xix) of the Constitution, which the court … Continue reading Pochi v Macphee [1982] HCA 60 →
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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 … Continue reading Southern Centre of Theosophy Inc v South Australia [1979] HCA 59 →
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More Rodney Culleton cases

Rodney Culleton filed a writ naming Bradley Kershaw as the first defendant along with some further 17 individuals as defendants to his claim for $250,000 for defamation and injury to his reputation, caused by the defendant’s written publication on the … Continue reading More Rodney Culleton cases →
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James Bowes

James Bowes is an OPCA adherent in Queensland, a truck driver, who has a Facebook page and a YouTube channel "barefootbowie". He was quite involved years ago with following cannon law and other aspects initially raised by Frank O'Collins, with the … Continue reading James Bowes →
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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 … Continue reading Joosse v Australian Securities and Investment Commission [1998] HCA 77 →
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Mike Palmer

Mike Palmer operates Know Your Rights Group and Aussie Speeding Fines, both websites promote many OPCA concepts and sells booklets of the same titles. Like the multi-level marketing strategies employed by the Institute of Taxation Research, Mike Palmer actively employs an … Continue reading Mike Palmer →
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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 … Continue reading Rural Bank (A Division Of Bendigo And Adelaide Bank Limited (ACN 068 049 178) v Manolini [2019] WASC 313 →
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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 … Continue reading Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018 →
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Peter Scott Haughton

Peter Scott Haughton ran a series of cases in 2019-2021, heavily influenced by the assertions of a range of constitutional theorists. His story is a sad tale of ruin due to the adoption of the OPCA mindset, from successful businessman … Continue reading Peter Scott Haughton →
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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 … Continue reading Cameron v Peter D Beattie in his capacity as Premier & Ors [2001] QSC 115 →
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Independent Sovereign State of Australia

The "Independent Sovereign State of Australia" was an attempt at secession from Australia, but not in the usual form. It claimed to be a body politic of its own, with members in each State, who by their association, meant their … Continue reading Independent Sovereign State of Australia →
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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, … Continue reading R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892 →
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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 … Continue reading Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch) →
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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 … Continue reading Re Patterson Ex parte Taylor [2001] HCA 51 →
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Sprlyan v Wyborn [2019] WASC 227

In Sprlyan v Wyborn [2019] WASC 227 the appellant was convicted of refusing to participate in a roadside drug test, claiming his DNA was his property. He contended that the Queen of Australia does not have authority and the Royal Style … Continue reading Sprlyan v Wyborn [2019] WASC 227 →
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Sill v City of Wodonga [2017] VSC 671

Sill v City of Wodonga [2017] VSC 671 This is a case about a disputed $22.50 dog licence fee.  To use the words of the applicant in his written case: "This case started with a notice from my Local Government … Continue reading Sill v City of Wodonga [2017] VSC 671 →
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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 … Continue reading James Rech →
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Act of Settlement 1700

A Protestant Monarchy The Act of Settlement 1700 was passed to settle the succession to the English and Irish crowns to Protestants only... "...all and every person and persons who shall or may take or inherit the said crown."  The next Protestant … Continue reading Act of Settlement 1700 →
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What is “the Crown”?

In a 2006 book, "Who Owns the World: The Hidden Facts Behind Land ownership", Kevin Cahill claimed that Queen Elizabeth II holds ownership of one sixth of the land on the Earth's surface, more than any other individual or nation. … Continue reading What is “the Crown”? →
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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 … Continue reading Singh v Commonwealth of Australia [2004] HCA 43 →
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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 … Continue reading Canaway v Chief Executive, Department of Natural Resources and Water [2009] QLC 0120    →
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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 … Continue reading Lamont v Bright [2002] HCATrans 229 →
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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 … Continue reading Re Glenevan Pty Ltd [2015] NSWSC 201 →
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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 … Continue reading Conroy v Deputy Commissioner of Taxation [2005] QSC 206  →
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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 … Continue reading Fekete v Child Support Registrar [2016] FamCAFC 145 →
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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, … Continue reading Mike Holt (CIR NOW) →
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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 … Continue reading The Great Australian Party (GAP) →
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