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
Tag: The Removal of the Crown
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
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
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
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
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, that the magistrate erred in law by refusing his request for a trial by jury, that … Continue reading Harley Robert Williamson
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 but did not appear. The court found the grounds on the submissions were mostly incomprehensible, … Continue reading Tadeusz Krysiak
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
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 III court, that he failed to swear an oath of allegiance to the Crown, and … Continue reading Hedley v Spivey [2011] WASC 325
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
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
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
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 Australian Sixty Minutes Program of Channel 9 Face Book Account in April 2015. (See Culleton v … Continue reading More Rodney Culleton cases
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
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 to a bankrupt. According to Dun & Bradstreet "The Trustee for Peter Haughton Family Trust Company … Continue reading Peter Scott Haughton
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
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
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”?
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
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 he resigned from the party to sit as an independent. A week later the Federal … Continue reading Rodney Culleton
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 point of law. You just have to look at all the cases in which his … Continue reading Wayne Glew
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
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