In O’Hagan v Commissioner of Taxation [2020] QDC 288 the applicant was found guilty after a summary trial of four offences of failing when and as required pursuant to a taxation law to give a return to the Commissioner of Taxation. The appellant appealed his conviction and sentence on grounds that included the Magistrates Court … Continue reading O’Hagan v Commissioner of Taxation [2020] QDC 288
Tag: Trial by Jury
Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547
In Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 the defendants resisted foreclosure of their properties, signing their names with trademark symbols: "I, Jonathan©"TM" am no aware of any documents relating to case number 13/372819 being lawfully served on Debra Ann Lamberton©"TM" in Adelaide or at her tenanted address … Continue reading Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547
Brian Charles Fyffe
Herald Sun: "Farmer plans own kingdom": In Fyffe v State of Victoria [1999] VSCA 196 the applicant, who was renting a property through the Ministry for Conservation, Forests and Lands, claimed to have seceded the property from the State of Victoria, and by virtue of his diplomatic status he and the land are protected by … Continue reading Brian Charles Fyffe
Basham v City of Joondalup [2015] WASC 345
The appellant was convicted of a minor parking fine which he contested, and was fined $60 and ordered to pay costs of $1,478.70. The appellant sought leave to appeal from the conviction, and the costs order on the grounds it was manifestly excessive, in Basham v City of Joondalup [2015] WASC 345. The appellant claimed … Continue reading Basham v City of Joondalup [2015] WASC 345
Koula Rafailidis
Koula Rafailidis is an OPCA adherent from New South Wales, and a long time admin of the Get out of paying fines, rego, fees, tolls and rates and several other Facebook groups. In Camden Council v Rafailidis [2012] NSWLEC 51 the respondents were found in breach of the Environmental Planning and Assessment Act 1979 by carrying out development otherwise than … Continue reading Koula Rafailidis
Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255
Firstmac Fiduciary Services Pty Ltd was granted a writ of restitution in Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255 to recover possession of property from the defendant, after he defaulted on a loan. He refused to give vacant possession of the property, and the sheriff was called to evict him, change the … Continue reading Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255
Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216
The respondent made an application for review of the making of a sequestration order against his estate, but the court ordered that the application for review be dismissed, and published its reasons for judgment in Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216. The grounds in the submissions challenged the jurisdiction of … Continue reading Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216
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
Stearman v Taylor [2014] WASC 247
The appellant was charged with refusing to stop the vehicle, drive while suspended, and refusing to supply his personal details when requested. At the Magistrates Court he claimed that he was entitled to be tried before a jury, but the magistrate stated that the appellant had only been charged with summary offences. "There then followed … Continue reading Stearman v Taylor [2014] WASC 247
Jackson v Western Australia Police [2014] WASC 72
The appellant was charged with trespassing and obstruction offences. At the Magistrates Court he demanded a trial by jury per Chapter 29 of the Magna Carta, which was refused and he was convicted of the summary offences. He appealed in Jackson v Western Australia Police [2014] WASC 72, arguing the denial of a jury trial … Continue reading Jackson v Western Australia Police [2014] WASC 72
Whiting v Whiting & Anor [2014] QSC 187
The plaintiff commenced proceedings in Whiting v Whiting & Anor [2014] QSC 187 describing himself as "his Royal Highness, King of the Whiting Kingdom, Baron of the Whiting Region, King Steven 1 ATF Steven James Whiting". His claim was brought against his former wife and her lawyers, which he described as "Compensation for damages caused … Continue reading Whiting v Whiting & Anor [2014] QSC 187
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 by jury”, and demanded $250,000.00 in damages. He also contended that all judges must be … Continue reading Baker v New South Wales Police [2013] NSWSC 57
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
Anderson v Kerslake [2013] QDC 262
The appellant was convicted for failure to vote at an election without a valid and sufficient excuse. In Anderson v Kerslake [2013] QDC 262 Nerissa Anderson appealed the decision as "Nerissa of the Ngadjon-Jii Tribe" arguing she did not make a plea, that her birth certificate documentation was altered, that she is not an Australian … Continue reading Anderson v Kerslake [2013] QDC 262
National Australia Bank v Walter [2004] VSC 36
In National Australia Bank v Walter [2004] VSC 36 the applicants raised a number of unorthodox arguments, including entitlement to trial by jury under Magna Carta, contended that the Constitution Act 1975 (Vic) is invalid on the ground that there is no proof that Queen Elizabeth II gave it royal assent, and alleged apprehended bias … Continue reading National Australia Bank v Walter [2004] VSC 36
Harding v Deputy Commissioner of Taxation (No 2) [2008] FCA 1985
Robert Harding was a member of UPMART that bought a “GST Exemption Kit” from Malcolm McClure for $2000, only to find out it was a useless scam. He appealed the District Court decision in Harding v Deputy Commissioner of Taxation (No 2) [2008] FCA 1985 on the basis he had received misleading advice from Malcolm … Continue reading Harding v Deputy Commissioner of Taxation (No 2) [2008] FCA 1985
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
Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111
In Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 the appellant resisted a mortgage foreclosure, firstly insisting on a right to trial by jury under the Magna Carta, and further contending that no moneys were lent, but only credit created by book entry, which was unlawful because the only lawful mode … Continue reading Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111
Flowers v State of New South Wales [2020] NSWSC 526
In Flowers v State of New South Wales [2020] NSWSC 526 the applicant sought to order that his claim for damages for malicious prosecution be heard by a jury, and that his application for a jury should itself be determined by a jury. In a very impressive document headed “Challenge to the Jurisdiction of the … Continue reading Flowers v State of New South Wales [2020] NSWSC 526
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 enthusiastic sales pitch to sell his wares, reminiscent of a used car salesman making you … Continue reading Mike Palmer
Szita v Capital Finance Australia Limited (2004) FCA 477
In Szita v Capital Finance Australia Limited (2004) FCA 477, the appellant claimed that by sending to Capital a document call a “certified promissory note” specifying an amount of $116,375.95, he had discharged any liability to Capital. The Court concluded that his claim is manifestly hopeless, wholly untenable, incapable of constituting tender of payment, and sufficient … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477
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 as a law under which the Federal Parliament enacts statutes, and whether certain statutes have … Continue reading Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018
John Peter Bauskis
In the matter of Bauskis [2006] NSWSC 908 John Peter Bauskis was convicted with contempt of court over an incident where a group of protesters for John Wilson caused havoc at one of his hearings, yelling abuse at the judge for refusing to grant a trial by jury in a summary offence matter. The judge … Continue reading John Peter Bauskis
Warren Ronald Wichman v Pepper Finance Corporation Limited [2019] NSWCA 195
The issues raised before the Registrar and in Pepper Finance Corporation Limited v Wichman [2019] NSWSC 1009 relate, amongst other things, to what Mr Warren Ronald Wichman refers to as "common law rights" and the requirement to be sworn to the Commonwealth of Australia Constitution Act 1901 (UK). The applicant disputes the jurisdiction of the … Continue reading Warren Ronald Wichman v Pepper Finance Corporation Limited [2019] NSWCA 195
Best v Police [2015] SASC 190
Best v Police [2015] SASC 190 The appellant contended that the trial should not have proceeded ex-parte, that the Magistrates Court is not a court of competent jurisdiction; the device used to measure his speed did not meet the National Measurement Act 1960 (Cth) and the certificates of accuracy were invalid and the method of testing it by the … Continue reading Best v Police [2015] SASC 190
Peter Gargan
Despite having been declared a vexatious litigant in 4 jurisdictions in Australia, Peter Alexander Gargan is still very active in the OPCA community, advising Rod Culleton in his matters before the courts, as well as recently travelling to the UK on his behalf attempting to bring a case before the Privy Council. Peter Gargan's litigation history … Continue reading Peter Gargan
Burns v The State of Western Australia [2017] WASC 173
In Burns v The State of Western Australia [2017] WASC 173 the appellant complained about the jurisdiction of the courts to deal with his property. He contends that Landgate is a subsidiary of the corporation State of Western Australia, which is a subsidiary of the Commonwealth of Australia, which is a trading company registered on the … Continue reading Burns v The State of Western Australia [2017] WASC 173
Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310
In Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310 the appellant contended that the Governor General was not validity appointed, and thus the judges appointment was not valid. The Court held that the Governor-General was appointed to his office in accordance with the current Letters Patent (as amended on 11 May … Continue reading Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310
Hubner v Erbacher [2004] QDC 345
In Hubner v Erbacher [2004] QDC 345 the appellant had homemade number plates attached to his vehicle as if it were a number plate issued pursuant to the regulation. He directed his arguments towards demonstrating that either the relevant regulation was not a valid law or that other legal rights, which he claimed to have, prevailed … Continue reading Hubner v Erbacher [2004] QDC 345
The Myth of Jury Nullification
As stated in R v Abbott [2006] VSCA 100: "The applicant’s concept of nullification is also said to entitle a jury to return a verdict of not guilty notwithstanding that they are satisfied that a breach of the law has been committed if the jury thinks the law unjust. The applicant contends that the trial judge … Continue reading The Myth of Jury Nullification
Trial by Jury
Section 80 of the Commonwealth Constitution It is a common belief among OPCA theorists that the judiciary is denying a defendant his rights under chapter 29 of the Magna Carta by not allowing him "the judgment of his peers" implying that a trial by jury must be conducted for every matter before the court, including summary … Continue reading Trial by Jury
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
Michael Nibbs
Michael Nibbs contended so many different very common Australian pseudo legal themes in this case it is among my favourites, but I suppose the main point is the objection raised regarding judicial oath of office. Before the Promissory Oaths Act 2015, Magistrates and Justices were required to take and subscribe the judicial oath prescribed by the … Continue reading Michael Nibbs
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
John Wilson
73-year-old John Wilson does not look like your stereotypical terrorist. . Hunched and with the remains of his white hair flying from the sides of his head, the former dentist is a regular fixture outside NSW courts. Spouting his hyperbole about being a Sovereign Citizen, he appears to be a harmless eccentric. But to NSW Counter … Continue reading John Wilson
Mark McMurtrie
A burgeoning faction of Freemen have been targeting Indigenous audiences in Australia. A taste of the subculture can be gleaned online, in groups such as the Tribal Sovereign Parliament of Gondwana Land, the Original Sovereign Tribal Federation (OSTF) and the Original Sovereign Confederation. The last of these repeats the now-familiar admiralty law myth on its Facebook … Continue reading Mark McMurtrie
You must be logged in to post a comment.