Tag: Trial by Jury

O’Hagan v Commissioner of Taxation [2020] QDC 288

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 … Continue reading O’Hagan v Commissioner of Taxation [2020] QDC 288 →
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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 … Continue reading Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 →
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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 … Continue reading Brian Charles Fyffe →
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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 … Continue reading Basham v City of Joondalup [2015] WASC 345 →
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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 … Continue reading Koula Rafailidis →
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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 … Continue reading Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255 →
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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 … Continue reading Ledger Acquisitions Australia MB Pty Ltd v Kiefer [2014] FCCA 2216 →
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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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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 … Continue reading Stearman v Taylor [2014] WASC 247 →
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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 … Continue reading Jackson v Western Australia Police [2014] WASC 72 →
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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 … Continue reading Whiting v Whiting & Anor [2014] QSC 187 →
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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 … Continue reading Baker v New South Wales Police [2013] NSWSC 57 →
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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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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 … Continue reading Anderson v Kerslake [2013] QDC 262 →
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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 … Continue reading National Australia Bank v Walter [2004] VSC 36 →
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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 … Continue reading Harding v Deputy Commissioner of Taxation (No 2) [2008] FCA 1985 →
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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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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, … Continue reading Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 →
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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 … Continue reading Flowers v State of New South Wales [2020] NSWSC 526 →
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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 … Continue reading Mike Palmer →
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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 … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477 →
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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 … Continue reading Deputy Commissioner of Taxation v Bonaccorso (No 1 2 & 3) [2016] NSWSC 595/766/1018 →
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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 … Continue reading John Peter Bauskis →
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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 … Continue reading Warren Ronald Wichman v Pepper Finance Corporation Limited [2019] NSWCA 195 →
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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 … Continue reading Best v Police [2015] SASC 190 →
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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 … Continue reading Peter Gargan →
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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 … Continue reading Burns v The State of Western Australia [2017] WASC 173 →
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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 … Continue reading Pham v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1310 →
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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 … Continue reading Hubner v Erbacher [2004] QDC 345 →
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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 … Continue reading The Myth of Jury Nullification →
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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 … Continue reading Trial by Jury →
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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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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, … Continue reading Michael Nibbs →
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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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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 … Continue reading John Wilson →
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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 … Continue reading Mark McMurtrie →
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