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 any action, proceeding, appeal, counterclaim or other application in any Court of the State Western … Continue reading Bride v Shire of Katanning [2017] WASCA 59

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 I understand, however, from Mr Mills‑Edward's submissions to me, his grounds are intended to go … Continue reading Mills-Edward v Russell [2011] WADC 9

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 224 2 they submitted that the court had no authority to act 'either under its … Continue reading National Australia Bank Ltd v Joyce [2012] WASC 224

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

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 dissolve the indissoluble Federal Commonwealth under the Crown of the United Kingdom by removing the … Continue reading O’Connell v The State of Western Australia [2012] WASCA 96

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 'constitutional issues' prior to trial, which were rejected by the magistrate, but there were numerous … Continue reading Palmer v City of Gosnells [2013] WASC 446

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 occurred in Sacco v The Queen [2018] VSCA 353. In her submissions was an eight page document … Continue reading Sacco v The Queen [2018] VSCA 353

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) on the basis of the effect of ‘the removal of Her Majesty Queen Elizabeth II … Continue reading Members Equity Bank Pty Ltd v Elefterescu [2018] VSC 223

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 and successors and subjects from statute law within the State of Western Australia The creation … Continue reading Donohue v Victorian Electoral Commission [2015] VSC 98

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

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

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 States, but also claims that federal politicians are not performing their oaths according to section … Continue reading Oaths and Affirmations of Public Office

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 and the Crown", that there is some constitutional impediment to the State Parliament exercising legislative … Continue reading Glew v Shire of Greenough [2006] WASCA 260

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

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

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)

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 31st of May 2019. The post in a Facebook page called Alpine Regional News, (which quite … Continue reading Dezi Freeman

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 nor dishonoured the debt is discharged and matter settled. Further, that all laws passed since … Continue reading Deputy Commissioner of Taxation v Aitken [2015] WADC 18

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 invalid, that decisions of State courts do not form part of the common law, that … Continue reading Palmer v City of Gosnells [2014] WASCA 102

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 up" about how truly terrible it is that we are living under occupation by a … Continue reading Sam Jones

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 brigalow scrub land for producing beef cattle and other primary products. Originally, about 1.73 million … Continue reading The Brigalow Corporation Myth

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 Attorney-General for the State of Victoria [2011] VSCA 63 (at 25):  "If the Constitution Act … Continue reading Brian Shaw