Buck v. Attorney General [1965] Ch 745

In Buck v. Attorney General [1965] Ch 246, the claimant challenged the validity of an order in council giving effect to the Sierra Leone Independence Act 1961. The order used general enabling words, not expressly stating which power had been used for their creation. Wilberforce J. held that the result of those general enabling words … Continue reading Buck v. Attorney General [1965] Ch 745

The Balfour Declaration 1926

The Balfour Declaration agreed to at the Imperial Conference of 1926 declared that the self-governing dominions were to be regarded as “…autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, … Continue reading The Balfour Declaration 1926

R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892

R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892 England and Wales Court of Appeal (Civil Division) Royal Courts of Justice, London. On appeal after the application was dismissed by the High Court of Justice, Queen's Bench Division. RATIO: The court considered an application leave to request a judicial review … Continue reading R v. Foreign Secretary ex parte Indian Association of Alberta [1982] 1 QB 892

Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch)

David Claude Fitzgibbon v Her Majesty's Government of the United Kingdom of Great Britain and Northern Ireland (2004) HC 03C03923 By an application notice dated the 18th November 2003, the Attorney General of the United Kingdom applied to strike out an action by Barrister David Claude Fitzgibbon from Australia, that "the functions of HM the Queen … Continue reading Fitzgibbon v HM Attorney General [2005] EWHC 114 (Ch)

Re London Borough of Tower Hamlets [2019] EWHC 1572 (Fam)

Re London Borough of Tower Hamlets [2019] EWHC 1572 (Fam) is not binding on Australian courts, but nevertheless may have a persuasive effect on future similar cases. It relates to a couple who refused to register their son’s birth believing that it would cause the child to become controlled by a State. Following a private … Continue reading Re London Borough of Tower Hamlets [2019] EWHC 1572 (Fam)

Appeals to the UK Privy Council

In 1986 the Australia Acts were introduced in all of the States, the Federal Parliament and in UK Parliament "to bring constitutional arrangements affecting the Commonwealth and the States to be brought into conformity with the status of the Commonwealth of Australia as a sovereign, independent and federal nation". Section 11 provides: "...no appeal to Her … Continue reading Appeals to the UK Privy Council

Sovereign characters

Ernie Tertelgte is an interesting OPCA character. He was initially only charged for fishing without a fishing licence, but was notably passionate in his in-court responses. As is often the alleged conclusion with OPCA mentions, he “dismissed the matter” and walked out, after the magistrate allegedly “abandoned ship, leaving him the highest sovereign in the … Continue reading Sovereign characters