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 and Administrative Tribunal appointed State Trustees Limited as her administrator, under Part 5 of the … Continue reading McFarlane v McFarlane [2021] VSC 197 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 of a de facto public officer done in apparent execution of his office cannot be … Continue reading De facto Officers →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 the matter. "The judges of the Supreme Court are only coram, not judges!" is literally … Continue reading A Coram is not a Judge → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 sought judicial review of the Magistrate’s decision in Jakaj v Kinnane [2019] ACTSC 71. There … Continue reading Jakaj v Kinnane [2019] ACTSC 71 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 of the provisions about discrimination contained in the International Covenant on Civil and Political Rights, … Continue reading Wilson v White [2007] WASCA 87 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Harley Robert Williamson

In Williamson v Hodgson [2010] WASC 95 1 the appellant was charged for speeding and found guilty. 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, that the magistrate erred in law by refusing his request for a trial by … Continue reading Harley Robert Williamson → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 16 1 but did not appear. The court found the grounds on the submissions were … Continue reading Tadeusz Krysiak → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 '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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 3 court, that he failed to swear an oath of allegiance to the Crown, and … Continue reading Hedley v Spivey, [2011] WASC 325 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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) 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 the same subject, I have divided them into their particular series as: (1) Corica v … Continue reading The Corica’s → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Daniels v Deputy Commissioner of Taxation [2007] SASC 114

Daniels v Deputy Commissioner of Taxation [2007] SASC 114 These proceedings 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 by … Continue reading Daniels v Deputy Commissioner of Taxation [2007] SASC 114 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Maxwell Hugh Wilson

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 Maxwell Hugh Wilson →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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More Rodney Culleton cases

In Culleton v Elliott [2019] WASC 407 the applicant resisted a mortgage foreclosure commencing a private prosecution against the respondent for obtaining 'stolen goods' and selling those goods. "The bulk of the outline of submissions is concerned with a tired and unmeritorious argument challenging the validity of the Royal Style and Titles Act 1973 (Cth) providing that the … Continue reading More Rodney Culleton cases →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Oaths and Affirmations of Public Office

Section 42: Oath ‘directory and not absolute’ In September 1901, Attorney-General, Alfred Deakin, advised that, in his opinion, the direction in section 42 of the Constitution, that a member of the federal Parliament ‘shall before taking his seat make and subscribe’ the oath of allegiance, was ‘directory and not absolute’ in the sense that ‘neglect … Continue reading Oaths and Affirmations of Public Office → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Glew v Shire of Greenough [2006] WASCA 260

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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on … 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 2019-2020, here are a few of those that are published. (1) Haughton v Roder [2019] SASC 199  (2) Haughton v Chapman [2019] SASC 200  (3) Haughton v Australia And New Zealand Banking Group Ltd [2019] SASC 198 (4) Haughton v Australia and New Zealand Banking Group … Continue reading Peter Scott Haughton → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 and Titles Act 1973 is invalid, as pursuant to the Australian Constitution s 2, any … Continue reading Sprlyan v Wyborn [2019] WASC 227 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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James Rech

Like many other failed constitutional theorists in the past, 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 … Continue reading James Rech →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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. (This amounts to a total of 6,600 million acres (2.7×1013 m2) in 32 countries.) However, … Continue reading What is “the Crown”? →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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. Constitution of New South Wales by Anne Twomey. (pg 386): While the Crown remained indivisible, a British subject was outside the denotation of the term "alien".  However, when … Continue reading Singh v Commonwealth of Australia [2004] HCA 43 →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 YouTube channel. The CIR NOW website is full of OPCA related content and pseudo legal myths, constitutional misconceptions spread by various vexatious litigants and more... Here are a few examples of the … Continue reading Mike Holt (CIR NOW) → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Dezi Freeman

Dezi Freeman "metaphorically" arrests a Magistrate!! There is 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 ironically, … Continue reading Dezi Freeman → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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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 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 → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Sam Jones

Sam Jones 1 operates the Corporate Australia 2 website. There are countless articles on this 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 … Continue reading Sam Jones → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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The Brigalow Corporation Myth

In this chapter I will explore some of the myths behind David Walter's and Sue Maynes conspiracy theories about how they believe the Brigalow Corporation came to take over all the land in Queensland. The Brigalow Lands Development Scheme in Queensland began in 1962 and   involved the clearing and development of brigalow scrub land for producing … Continue reading The Brigalow Corporation Myth →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Rodney Culleton

Even a few Australian members of parliament have fallen for OPCA theories... Anne Bressington, who was elected to the South Australian Legislative Council at the 2006 South Australian election as Nick Xenophon's running mate, was once reported to have followed One Peoples Public Trust, and was later involved with UN Swissindo, another OPCA scam. Malcolm … Continue reading Rodney Culleton → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Wayne Glew

Wayne Kenneth Glew 1 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 point of law. Here is a brief summary of cases past:  Glew & … Continue reading Wayne Glew →Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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Brian Shaw

Brian Shaw argues with a non-existent court in Shaw v Attorney-General for the State of Victoria [2011] VSCA 63 (All credits to Justice Maxwell for the theme): 1 "If the Constitution Act 1975 (Vic) is invalid, it follows that this is not a validly–constituted court and, if it is not a valid court, then there … Continue reading Brian Shaw → Share this:TweetMoreShare on TumblrWhatsAppEmailPocketTelegramLike this:Like Loading...
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