Culleton, Day and Lambie a step closer to being re-instated as Senators

The President of the Senate, Liberal Scott Ryan has been summonsed to appear in the Court of Disputed Returns to defend the unconstitutional referral of Senator Rodney Culleton to the court which saw him dismissed from the senate.

Two weeks ago ‘exiled’ Senator Rodney Culleton filed an action in the High Court of Australia sitting as the Court of Disputed Returns.

Mr Culleton said his dismissal and that of Senator Bob Day were unconstitutional and that all hostile referrals by the senate of other senators since dismissed were unlawful.

Senator in ‘exile’ Rod Culleton takes a step closer to being re-instated into the senate

“It is clear that at all material times, the Government did not follow proper due process as required under the Constitution. All referrals from the House post 7th November 2016 appear to be invalid,” Mr Culleton told Cairns News.

He said under section 47 of the Commonwealth Constitution of Australia only the senate can decide on the qualifications of a senator.

“On the 4th July 2018, a summons was successfully filed back into the Court of Disputed Returns, Matter No C15/2016 Culleton v Commonwealth.

“This unconcluded case is now unprecedented and has in effect re-opened all invalid hostile referrals that have been invoked by the House under s 376 Commonwealth Electoral Act 1918, post 7th November 2016 which did not comply with the Constitution.

“Section 368 Commonwealth Electoral Act 1918, states Decisions to be final: All decisions of the Court shall be final and conclusive and without appeal, and shall not be questioned in any way.

“Notwithstanding the prohibition as defined in ss 368 and 364 CEA ,Section 47 of the Constitution, in contrast, is squarely addressed to authority to decide and to nothing other than authority to decide. Each House shall be the Judge of the … Qualifications of its own Members”, there is in s 47 a textually and Sections 22, 23 and 49 Constitution.”

Former Solicitor General for Australia David Bennett AC, QC is acting for Culleton against the Commonwealth

Acting for Mr Culleton is the former Solicitor General of Australia, David Bennett AC, QC who has been following the saga with interest.

Culleton said Mr Bennet believed he had a strong case which was straightforward Constitutional law.

“The relevant effect of the section 47 Constitution is that, unless the Parliament otherwise provides and to the extent that the Parliament does not otherwise provide, ‘any question’ which answers the description of a ‘question respecting the qualification of a senator’ in our matters, must be determined by the Senate and not otherwise,” stressed Mr Culleton.

“The House must hear the disallowance motion 163 of 2016 and allow all constitutionally elected Senators to appear at the bar in order to have the Senate demonstrate its constitutional commitment of the determination of the identified questions to a coordinated political department as a privy council in order to judge the qualification of its own members.

“This must be remedied to restore honesty and integrity back into Parliament.

“The House is not only sitting unconstitutionally but these breaches have set a bad case precedent in allowing the major parties to re-shuffle the deck of cards and regain power by removing Independents and defanging the minor parties.”

Advertisements

About Editor, cairnsnews

One of the few patriots left who understand the system and how it has been totally subverted under every citizen's nose. If we can help to turn it around we will otherwise our children will have nothing. Our investigations show there is no 'government' of the people for the people of Australia. The removal of the Crown from Australian Parliaments, followed by the incorporation of Parliaments aided by the Australia Act 1987 has left us with corporate government with policies not laws, that apply only to members of political parties and the public service. There is no law, other than the Common Law. This fact will be borne out in the near future as numerous legal challenges in place now, come to a head this year.

Posted on July 23, 2018, in Corporate Government, Courts, Culleton and tagged , , , , , . Bookmark the permalink. 3 Comments.

  1. Well, I have been following this SAGA with great interest and the ROT in Canberra needs a bloody good and firm kick up the backside.

    Lets HOPE that Rod can deliver that KICK with interest.

    If my understanding is correct, BRANDIS was also responsible, however, he has done thd runner..

    I am still at a lost why we are forced to reference some of these mongrels with “The HONURABLE…”

    What an absolute JOKE!!

    Rod, may the power of the Constitution all you to return to the Senate

  2. Keep up the good fight senator this is what this country desperately needs drain the Australian swamp in Canberra and restore constitutional government of by and for the people.

  3. Good luck , we certainly need to restore a constitutional government for the people of Australia

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.