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 Colonial Laws Validity Act 1865

The Colonial Laws Validity Act 1865 (28 & 29 Vict. c. 63) is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws". The purpose of the Act was to remove any apparent inconsistency between colonial and Imperial legislation. Thus … Continue reading The Colonial Laws Validity Act 1865 →

David Fitzgibbon

Barrister David Fitzgibbon appeared in many cases attempting the contention that the Royal Style and Titles Act 1973 is invalid and unconstitutional, or that there was a "break in sovereignty" from the time of the Treaty of Versailles in 1919, among many other contentions that were settled in prior jurisprudence. Often Mr Fitzgibbon was instructed … Continue reading David Fitzgibbon →

Pickin v British Railways Board (1974) AC 765

Pickin v British Railways Board (1974) AC 765 "When an enactment is passed there is finality unless and until it is amended or repealed by Parliament. In the Courts there may be argument as to the correct interpretation of the enactment: there must be none as to whether it should be on the statute book … Continue reading Pickin v British Railways Board (1974) AC 765 →

The Statute of Westminster Adoption Act 1942

The Statute of Westminster 1931 was brought into effect in Australia by the Statute of Westminster Adoption Act 1942. Section 2 deals with the Validity of laws made by Parliament of a Dominion (28 and 29 Vict. c. 63): 1. The Colonial Laws Validity Act, 1865, shall not apply to any law made after the … Continue reading The Statute of Westminster Adoption Act 1942 →

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 →

The Sir Harry Gibbs letter

This letter is widely circulated online, and further conclusions drawn from it. Something that must be pointed out initially, is that the authenticity of this letter has never been established, so the attribution to Sir Harry Gibbs is itself doubtful, regardless of the contents. Download Download I note the copy of the letter on Treaty … Continue reading The Sir Harry Gibbs letter →

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 →

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 →