Tag: The Removal of the Crown

McFarlane v McFarlane [2021] VSC 197

In McFarlane v McFarlane [2021] VSC 197, the applicants mother had signed a transfer of land, gifting her home to her son, the applicant. She moved from the house to an aged care home shortly after, and the Victorian Civil … Continue reading McFarlane v McFarlane [2021] VSC 197 →
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De facto Officers

OPCA adherents often raise the proposition that if a judicial oath of office is somehow defective, it disqualifies the judge from the position, and his orders are coram non judice, or void. Under the De facto Officers Doctrine, the acts … Continue reading De facto Officers →
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A Coram is not a Judge

It is a common belief among OPCA adherents that since case transcripts often have the name of the judge as "CORAM" it means that the person is not a true judge but someone without any authority or jurisdiction to decide … Continue reading A Coram is not a Judge →
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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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Bride v Shire of Katanning [2017] WASCA 59

In Shire of Katanning v Bride [No 2] [2016] WASC 314 an order was made under the Vexatious Proceedings Restriction Act 2002 (WA), that: "The first and second defendants, either personally or in a representative capacity, are hereby prohibited from instituting … Continue reading Bride v Shire of Katanning [2017] WASCA 59 →
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Mills-Edward v Russell [2011] WADC 9

In Mills-Edward v Russell [2011] WADC 9 the appellant argued the lower court decision was invalid because the court was not a Chapter III court and that the magistrate swore an oath of allegiance to "the State of Western Australia". "As … Continue reading Mills-Edward v Russell [2011] WADC 9 →
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National Australia Bank Ltd v Joyce [2012] WASC 224

The respondents would not accept service of the banks documents for foreclosure, made allegations of trespass citing Plenty v Dillon (1991) HCA 5 1 and chased the applicants from the property. In National Australia Bank Ltd v Joyce [2012] WASC … Continue reading National Australia Bank Ltd v Joyce [2012] WASC 224 →
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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 … Continue reading Wilson v White [2007] WASCA 87 →
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Harley Robert Williamson

Harley Williamson was charged for speeding and found guilty. In Williamson v Hodgson [2010] WASC 95, he had numerous grounds of appeal, starting with the premise that section 45 of the Criminal Code (WA) affords him some defence to the speeding charge, … Continue reading Harley Robert Williamson →
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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 … Continue reading Tadeusz Krysiak →
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O’Connell v The State of Western Australia [2012] WASCA 96

John Walsh of Brannagh represented the appellant in O’Connell v The State of Western Australia [2012] WASCA 96. The submissions included contentions regarding the passage of the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA) which were purported to … Continue reading O’Connell v The State of Western Australia [2012] WASCA 96 →
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Palmer v City of Gosnells [2013] WASC 446

The appellants were each convicted of six offences under the Planning and Development Act 2005 (WA), for development activities carried on in relation to their jointly owned property.  The Palmers' counsel was John Walsh of Brannagh who made written submissions on … Continue reading Palmer v City of Gosnells [2013] WASC 446 →
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Hedley v Spivey [2011] WASC 325

The appellant was charged with obstructing a police officer in the execution of his duty. He was convicted and sought leave to appeal in Hedley v Spivey, [2011] WASC 325, on the grounds that the magistrate wasn't in a Chapter … Continue reading Hedley v Spivey [2011] WASC 325 →
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Sacco v The Queen [2018] VSCA 353

The applicant was found guilty of attempting to pervert the course of justice, in DPP v Sacco (Unreported, County Court of Victoria, Judge Murphy, 10 August 2018) and appealed the conviction on the ground that a ‘substantial miscarriage of justice' had … Continue reading Sacco v The Queen [2018] VSCA 353 →
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Members Equity Bank Pty Ltd v Elefterescu [2018] VSC 223

In Members Equity Bank Pty Ltd v Elefterescu [2018] VSC 223 the second defendant contended that Associate Justice Lansdowne refused the challenge to her standing, which raised the need to issue notices under s 78B of the Judiciary Act 1902 (Cth) … Continue reading Members Equity Bank Pty Ltd v Elefterescu [2018] VSC 223 →
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Donohue v Victorian Electoral Commission [2015] VSC 98

In Donohue v Victorian Electoral Commission [2015] VSC 98 Garde J considered an application by GJ Donohue to restrain the State general election.  The statement of issues relied upon included: The removal of Her Majesty Queen Elizabeth the Second, Her heirs … Continue reading Donohue v Victorian Electoral Commission [2015] VSC 98 →
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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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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. … Continue reading Daniels v Deputy Commissioner of Taxation [2007] SASC 114 →
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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 … Continue reading Maxwell Hugh Wilson →
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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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Oaths and Affirmations of Public Office

OPCA adherents invariably claim that politicians and judges are acting outside of and contrary to their oaths, especially in relation to the monarch. This is generally regarding the removal of references to the Crown in the judicial oaths of some … Continue reading Oaths and Affirmations of Public Office →
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Glew v Shire of Greenough [2006] WASCA 260

In Glew v Shire of Greenough [2006] WASCA 260, the appellant raised a number of grounds, including the changes of terminology contained within the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003, which was contended has "removed Her Majesty … Continue reading Glew v Shire of Greenough [2006] WASCA 260 →
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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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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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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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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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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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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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Dezi Freeman

Dezi Freeman "metaphorically" arrests a Magistrate!! There was an internet rumour being spread in facebook groups that OPCA adherent Dezi Freeman "arrested magistrate Ian Watkins" during a "civil hearing he was presiding over in the Wangaratta Magistrates Court" on Friday the … Continue reading Dezi Freeman →
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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 … Continue reading Deputy Commissioner of Taxation v Aitken [2015] WADC 18 →
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Palmer v City of Gosnells [2014] WASCA 102

In Palmer v City of Gosnells [2014] WASCA 102 the appellants contended that the Oath of Allegiance in the schedule to the Commonwealth Constitution must be sworn by every government officer State and Commonwealth, the Magistrates Court Act 2004 (WA) is … Continue reading Palmer v City of Gosnells [2014] WASCA 102 →
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Sam Jones

Sam Jones operates the Corporate Australia website. There are countless articles on his website relating to the "strawman" and "common law" myths, with an added twist of the "corporate government" myth to incite an emotional response from the reader, to "fire them … Continue reading Sam Jones →
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The Brigalow Corporation Myth

The conspiracy theory that the Brigalow Corporation had taken over all the land in Queensland originated in the material of David Walter and Sue Maynes. The Brigalow Lands Development Scheme in Queensland began in 1962 and involved the clearing and development of … Continue reading The Brigalow Corporation Myth →
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Rodney Culleton

Rodney Culleton is an Australian politician who was sworn in and sat as a Senator for Western Australia following the 2016 federal election. At that time he was a member of Pauline Hanson's One Nation Party, but in December 2016 … Continue reading Rodney Culleton →
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Wayne Glew

Wayne Kenneth Glew has an extensive OPCA and constitutional litigation history.  In fact, the decisions made in Wayne's cases are relied upon, whenever similar contentions are brought before courts today, and in many cases they have become precedent in the particular … Continue reading Wayne Glew →
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Brian Shaw

Brian Shaw argues with a non-existent court One of my favourite passages from Brian Shaw's cases, that really highlights the paradox and internal inconsistency that OPCA litigants in general create for themselves, was stated by Maxwell P in Shaw v … Continue reading Brian Shaw →
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