Landmark case fights states’ grab for total power, upholds religious freedom

NSW cops violate constitutional and criminal code protections for religious gatherings by invading a church service in Blacktown. Meanwhile Aldi, Woolworths, Bunnings, Coles and Liquor Barn down the road are open for business.


A BARRISTER representing Glady Berejiklian’s dictatorial COVID-19 regime that forbids singing in churches in the name of fighting a virus has told the Federal Court in Sydney “No one disputes a common law fundamental freedom of the practice of religion”.

This is the regime that recently issued $1000 fines to each of 30 adult members of a Sydney congregation who met during a lockdown. The same regime banned the minister from preaching for seven days, fined the church organisation $5000 for hosting the event and the pastor a further $500 fine for failing to wear a face mask in a public place.

The almost laughable comment in court came from Jeremy Kirk, representing defendants the state of NSW, Health Minister Brad Hazzard and Chief Health Office Kerry Chant. The barrister tried to excuse the state’s horrendous abuse of powers by citing “the right to life as the most important common law right”.

This right to life “defence” of a state government that has banned, suppressed and repeatedly lied about the inexpensive generic drug treatments for COVID-19 while furiously pushing dangerous experimental vaccines on behalf of a corrupt global pharmaceutical cabal is nothing more than gross hypocrisy. More than 450 post COVID vaccination deaths have been reported in Australia so far this year – more than the claimed number of COVID deaths.

The barrister then suggested that if “pastors, reverends or rabbis” who gave evidence in the court had real concerns about the health and safety of their members of their community or congregations they could “go visit them” with their “reasonable excuse”.

The case before the Federal Court of Australia is challenging restrictions on religious gatherings by the NSW and Victorian state governments and the legitimacy of lock downs in general. It continues next Wednesday (September 10).

The court directions hearing will cover questions on the validity of certain state Acts and consider how several Constitutional matters under Section 109 proceed as well. Section 109 essentially says Commonwealth Acts prevail against state Acts that are inconsistent with the former. It is now widely known that state health acts under which the so-called public health orders are made are inconsistent with the Commonwealth Biosecurity Act.

Plaintiffs are Rabbis Menachem Kamenetzky and Rabbi Zvi Telsner and Sydney-based Baptist Ministers Rev. Christopher Athavle and Rev. Robert Ayoub, as well as Presbyterian Rev Robin Tso, from the Hunter region. The rabbis are seeking to observe their Rosh Hashana and Yom Kippur services through September at their synagogues.

Lead solicitor in the case Tony Nikolic said the action involved two critical elements – an expedited injunction to allow religious Jews in NSW and Victoria to congregate in synagogues for the religious high-holiday of Rosh Hashanah from Monday, September 6, and secondly, a broader action against the NSW and Victorian governments and the Commonwealth of Australia.

It is alleged that none of the governments have the constitutional or common law power to deny NSW and Victorian citizens their religious freedom, including fulfilling particular religious obligations and practices in designated houses of worship.

The filing argues that NSW and Victoria have selectively discriminated against religious groups by stopping them from congregating in houses of worship which the governments have deemed “non-essential” while allowing citizens to congregate in retail outlets such as supermarkets, newsagencies and liquor stores.

Complainants also argue that houses of worship provide significant spiritual, psychological and emotional support for people, especially for those suffering financially and psychologically from the impact of the governments’ lockdown policies and that the states’ indiscriminate selection of “essential” and “non-essential” venues under public health orders are not supported by robust scientific or medical evidence.

They have called on Jayanta Bhattacharya, Professor of Medicine at Standford University (California, USA) to provide an independent expert report in support of the action brought forward by the plaintiffs.

Mr Nikolic said the action followed similar ones in the United States in which the US Supreme Court ruled that US state governments did not have the constitutional power to deny Americans’ religious freedom by indiscriminately closing houses of worship while allowing other venues to remain open.

“Courts in other jurisdictions such as Scotland have also ruled that COVID-19 measures cannot indiscriminately close houses of worship. Importantly, seeking injunctive relief from the Federal Court of Australia is the last possible venue for the plaintiffs to have their religious freedoms protected,” he said.

“My clients have attempted to engage with the NSW and Victorian premiers and their ministers as well as various NSW, Victorian and Federal parliamentarians to have their grievances addressed in a diplomatic and respectful manner.

“Unfortunately, in the context of NSW, the NSW Government has been unwilling to engage with my clients in any meaningful dialogue. As a result, our only last venue for relief is the courts. Alternatively, in the context of Victoria, while meaningful dialogue did occur, the Victorian Government failed to acknowledge and respect the religious freedoms of my clients,” he said.

He noted that churches and synagogues in the action were willing to adhere to exactly the same health measures required by the NSW and Victorian public health orders which are required of venues deemed “essential”.

“The churches and synagogues which special counsel and I are representing in this action are happy to meet all of the NSW and Victorian governments’ health requirements, including the use of hand sanitisers, facial masks, QR codes and social distancing,” Mr Nikolic said.

“If these measures are satisfactory for supermarkets, newsagents and liquor stores, we argue that these measures should be satisfactory for houses of worship, especially given that Australians have a constitutional and common law right of religious freedom, observance and practice.” Part of Friday’s court proceedings can be viewed online.

About Editor, cairnsnews

One of the few patriots left who understands 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 soon.

Posted on September 3, 2021, in General and tagged , , , , . Bookmark the permalink. 32 Comments.

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  2. Thank you Cairns Newspaper for your coverage of the terrible tramping on Australians rights and freedoms


  3. ED,
    “That money can buy”
    Precisely the problem,….and they know it.
    Brian Shaw filed against Julia Gillard when she was prime minister, I think it was for treason,
    That filing never saw the light of day TO THIS DAY.
    Peterbro is undoubtedly correct, but I would be fascinated to observe his efforts to get a treason filing into any of the courts mentioned.
    Also, think about this, Dick Yardley, in his book on sabotage and treason, notes that the tenure of the last correctly appointed Governor General ENDED on 2/2/60.
    G Whitless’s constitution was started in ’72. He wrote the Queen out of it, so, UNLESS THE JUSTICES IN THE AFORE MENTIONED COURTS ARE OLDER THAT 80 THERE ARE NO LEGITIMATELY APPOINTED JUSTICES. The rational behind that comment is that it is highly unlikely that a legal beagle would be on the road to judgery much before reaching 30 years of age. So, 30 years old, plus the intervening years from ,72 ’til now would make him 79 years old. I don’t think that there are too many of those still sitting.Which means that the sitting judges are already compromised!


  4. Absolutely correct and Qld has the best courts money can buy. Ed


  5. Old kodger, the legal jurisdiction is for the fictions.
    The Supreme Courts for the civil jurisdiction, both for Tasmania and Western Australia (those I know of) when defining plaintiff and petitioner, define them as: corporate sole, corporations and body politic.

    No contingency there for one of the people to use that jurisdiction to get the justice that the current sovereign undertook to maintain via the Coronation Oath.

    The only jurisdiction where the people are natural is the original jurisdiction, which existed by default at the time of federation of the various colonies.
    That jurisdiction still exists, although latent and abandoned, and is found in the Equity Divisions of the State Supreme Courts and the High Court.
    Such jurisdiction is part of our unalienable right and is beyond any parliament to abridge or remove.

    The definition of Supreme Court in the Tasmanian Acts Interpretation Act 1931 is: Supreme Court shall mean the Supreme Court of Tasmania, and shall include the Supreme Court as first constituted under letters patent under the Great Seal of the United Kingdom, dated 13th October 1823;

    Hence the meaning of the line from the film Roman J. Israel :
    “we have been filing the wrong suits in the wrong courts and before the wrong judge.”


  6. the price of a life



  7. I am more than aware of the sestui qie trust and all it’s implications, but as has been posted elsewhere “the grubberment has a fair bit of artillery on it’s side”.
    Cruden v Neale established that no man made law has any authority over the living wo/man.
    Yup! Just try telling that to plod, who is armed with a glock and pepper spray.
    Mary Elizabeth Croft tried to tell us all that way back in the ’90’s. she didn’t manage to inform the masses either. And i say again, force is becoming the only answer. There are after all a limited number of military ( cops and army) and 20,000,000 of us. But we need to wake them up.
    Going down the “legal” road is fine IF YOU CAN FIND AN UNCORRUPTED COURT TO HEAR IT.


  8. Fantastic comment by crisscross. I remember that The Age, in Melbourne, possibly even predating 1997, did a series of articles about children damaged by the polio vaccines. I always meant to speak to the Age archivist to find those articles, as they do not seem to be available on the net. I’ll have to get to it then.


  9. Dr. Astrid Stuckelberger WHO whistleblower – vaccines as a bioweapon to depopulate – entire interview


  10. Using children for medical experiments in Australia including vaccines is nothing new –

    Some people may find content on this website distressing. Read more
    Victoria – Event
    Medical experiments (c. 1945 – c. 1970)
    Summary Records Photos Full page

    During the twentieth century, babies and children in Victorian orphanages and Homes were used as subjects for medical experiments. Reports from the Senate Inquiry into Children in Institutional Care contained details of studies carried out by the Walter and Eliza Hall Institute and the Commonwealth Serum Laboratory (CSL) between 1945 and 1970. One reason given for the use of children in institutions in medical trials was that this group of children was particularly vulnerable to epidemics. Journalists at the Age newspaper investigated these experiments in 1997. A report written by the Department of Human Services in November 1997 considered the issue of who had given consent for these children’s participation in the medical trials. The report found that ‘it is likely that the research institutes gained consent to conduct the research from staff responsible for the institutions and possibly in one case, from a Departmental employee’.

    Medical experiments on ‘orphans’ in institutions are discussed in the ‘Forgotten Australians’ report (2004) and ‘Protecting Vulnerable Children’ (2005). Australian research institutes (including the Water and Eliza Hall Institute and CSL) trialled new vaccines on babies and children in Victorian Homes, particularly during the period after World War Two.

    Trials of a herpes simplex vaccine were carried out on babies at the St Joseph’s Foundling Hospital in Broadmeadows in the 1940s and the results were published in the Medical Journal of Australia and the Australian Journal of Experimental Biology and Medical Science.

    The Medical Journal of Australia also reported on experiments with influenza vaccines conducted by the Walter and Eliza Hall Institute in the 1950s, on children under the age of 3 at Broadmeadows.

    CSL tested quadruple antigen vaccines on babies and young children between 1959 and 1961 at five Victorian institutions: St Joseph’s Foundling Hospital, Broadmeadows, the Foundling Hospital and Infants’ Home [Berry Street], East Melbourne, Bethany Babies’ Home, Geelong, Methodist Babies’ Home, South Yarra and Turana in Royal Park.

    In 1997, the Age published reports about medical experiments and research trials conducted on children in Victorian institutions in the 1950s and 1960s. The media attention led the Chairman of the National Health and Medical Research Council to comment that everyone involved in clinical research needed to ‘heed the lessons of the past’.

    In 2009, the Vice-Chancellor of the University of Melbourne strongly supported the Federal Government’s apology to child migrants and Forgotten Australians and in a statement, expressed

    its deep regret for the part played by researchers linked to its community in vaccination research trials conducted after World War II using children in orphanages as ‘subjects’.


  11. This is how to “correct the mistakes”: Most people would have no idea of the Strawman/BC fraud, but they will find out a fair bit about it here, as this site is quite comprehensive and spell s out the whole deal. Do it if you can. It follows on from the work of Anna von Reitz, whose Assemblies are active in just about every state of not the USA, but America. The USA is CORPORATION, not a lawful government. The reason why quite a few American States have backpedaled on COVID mandates and such-like is because the Assemblies are the lawful American governments and the CORPORATES are on Notice. You would do well to follow Anna. She is the Fiduciary of America.


  12. The main problem as I see it is that the people have elected to partake in the fictional legal jurisdiction by relying on the State created Birth Certificate and pretending to be that fictional entity.

    For the people to remove themselves from that jurisdiction and relocate themselves back in the de jure jurisdiction requires correcting mistakes done in the past as a consequence of ignorance, and doing special acts that memorialise the election to be in the original jurisdiction.

    It is not enough to want this, it has to be manifested by the right deeds.


  13. Kissinger quote from a speech to the WHO Council on Eugenics,February 25th 2009: “Once the herd accepts mandatory vaccinations, It’s GAME OVER. They will accept anything – Forcible blood or organ donation- “For the greater good”. We can genetically modify children and sterilize them- “For the greater good”. Control sheep minds and you control the herd. Vaccine makers stand to make billions. And many of you in this room are investors. It’s a BIG win/win. We thin out the herd, and the herd pays us for extermination services” Henry Kissinger~


  14. The Law crisscross is talking about is actually statute and legislation, which are only applicable to LEGAL PERSON, and employees of the corporation. They do not apply to people, because the government is an artificial construct, with no life of its own, so we do not need to respond to legislation, etc. The trouble is that the grubberment has a fair bit of artillery on its side.


  15. “Who and what is in a position to overthrow an invisible force? And this is precisely what our force is. ” (Protocols of Zion, 4) On Independence Day, we are reminded that the US and much of the West has surrendered to a new tyranny, Judeo-Masonry i.e. Communism.


  16. crisscross767,
    Your comment that that answer lies in “force” is something that I have advocated for some time. Law is man made and since it is man that is causing this debacle, law is no defense against it. Ultimately we are going to HAVE to rise up against these mongrels, or be crushed by them. To the great unwashed I say this,….your choice, act now, or be put down by them.The “vaccine” is only the start. If 80% take the kill shot that leaves about 1.8bilion people left on the planet. the rest will be systematically rounded up placed in “quarantine” camps and exterminated until there are the 500,000,000 left that the Georgia Stones predict is their target. By that time there will be insufficient numbers left to combat them.
    The bible prophecy’s 1000 year of peace,……total slavery is peace.


  17. A mandate is policy, not law, so why do we have policy enforcers/police? Are police instituted for a public benefit or simply to carry out the tyrannical psychopathic politicians will?


  18. Video

    School Nurse Announces She Quits with Scathing Rebuke to School Board, Receives Massive Applause

    Although it is very hard losing a paycheck, good people cannot be complicit in this dehumanizing system that is destroying lives. Here is Shannon Davis letting the school administrators know how she feels.

    Read the post


  19. Jew Banks are all one –

    “6). ‘Liberalism’ is one of the chief instruments of Jewish power. Through preaching this doctrine and getting into the machinery of Liberal parties, Jews have exploited for their own ends the generous instincts of all the peoples who have received them into their communities. Jews have preached ‘democracy,’ and through getting their dupes to believe it, have succeeded in rivetting on their necks the chain of Shylocracy, the rule of the Crowned Usurer, Shylock Rothschild, who was admitted to England’s Parliament by ‘Liberal’ statesmen, and now rules the world. Jew banks appear to be many, but in reality there is only one. Reduced to impotence the nations bow before the Law not of Moses, even, but of the Jews’ Bank ‘always united and always devoted to our (Jewish) cause’.”


  20. Do You Want to be Injected with Something Millions of Nurses Refuse to Take and are Giving up Their Careers Over Because it is so Dangerous?

    by Brian Shilhavy
    Editor, Health Impact News

    The Pharma-funded corporate media would like the public to believe that nurses who refuse to be forced to take an experimental shot as a condition for employment are a small minority.

    But are they? What is going to happen this Fall if the United States loses 50% or more of their nursing staffs?

    And who else is in the best position to evaluate the effectiveness or harm caused by the COVID shots, if not the nurses who treat those who are vaccinated in our nation’s hospitals?

    If you got sick or injured and needed hospital care, who would you rather be treated by: healthcare workers who stand on principles even if it means losing their careers, or healthcare workers who know the truth but are willing to look the other way and follow standard protocols, no matter how harmful or ineffective, just so they can keep collecting their paychecks?

    Here is the other side of the story from the nurses themselves in this video. Their voices are being censored.

    Do your part to make sure their voices are heard. Share this video. It is literally a life and death issue.

    This video was produced by me, and is available on our Rumble and Bitchute channels.

    View on –


  21. Now you have really found out, why “honest” Johnny & “fat” Kim have disarmed you ….


  22. Make It Happen.


  23. The court case was filed in the wrong court before the wrong judge. ( a line from the film Roman J Israel esq)
    I daresay it was filed in the civil jurisdiction which since the first great reset (post Great Depression) only caters for those who pretend they are something the government created (identifying with the Birth Certificate, which is a legal fiction).

    And in that jurisdiction, the quasi government has jurisdiction over their creations, which includes those who pretend to be creations of the quasi government.

    To get into the jurisdiction where the people can claim their unalienable God given rights requires investigation for the right jurisdiction, which no longer is apparent as the default is the corporate fictional public jurisdiction.

    Dr David Martin is always worth watching and in this video he relates his experience when living at Australia several years ago:


  24. Understanding Dostoyevsky [Part 1] – Matthew Raphael Johnson


  25. On the other hand –

    As with the Jewish led communist USSR, arguing the law would see ones self end up in a gulag in Siberia.

    Protocols of the Learned Elders of Zion


    RIGHT IS MIGHT ( the Police Force & Military Force)

    12. Our right lies in force. The word “right” is an abstract thought and proved by nothing. The word means no more than: Give me what I want in order that thereby I may have a proof that I am stronger than you.

    13.Where does right begin? Where does it end?

    In a communist dictatorship laws are of no consequence.

    PROTOCOL No. 7

    1. The intensification of armaments, the increase of police forces – are all essential for the completion of the aforementioned plans. What we have to get at is that there should be in all the States of the world, besides ourselves, only the masses of the proletariat, a few millionaires devoted to our interests, police and soldiers.

    Understanding Dostoyevsky [Part 1] – Matthew Raphael Johnson


  26. Clearly the Deep Statelette doesn’t want people attending places of worship. Because it reinforces the belief in a higher power. Higher, that is, than the Deep Statelette. And that is verboten. They’ve burning churches in France for decades. Culminating in the controlled demolition of Notre Dame.

    We have to remember that the furious lockdown measures, the tyrannical edicts, the emotionalism, the pure nonesense surrounding the Kult of Kovid, is symptomatic of a deep crisis within the Deep Statelette itself. It’s running scared. But scared of what?

    Well, the entire fabric or net which forms the Central Banking Syndicate is coming apart at the seams. The usurious debt has reached catastrophic proportions. Simultaneously, the ‘Baby Boom’ is reaching pensionable age en masse. And they’re expecting something for all the years of tireless service to the Deep Statelette …

    The Final Solution? Cull the ‘useless eaters’, whatever it takes. The Tragic Events(TM) of IXXI 2001 were both symptomatic and symbolic … the controlled demolition of the Old World Order in preparation for the New. Plus the insurance payout itself justified the entire operation.

    In the leadup to the anniversary of IXXI, the Deep Statelette is already planning more false flags which they can blame on patriots, anti-vaxxers, old-age pensioners, whatever suits their agenda …

    Liked by 1 person

  27. What is a religious venue? “WHERE TWO OR MORE PEOPLE ARE GATHERED IN MY NAME”


  28. Patrick Donnelly

    Excellent! Politicians should also be investigated for any kickbacks from Pharma. The medical trades seem to have a very close relationship.

    Why is there no treatment being researched when everyone knows that there are ways to ameliorate the effects of all viruses?


  29. We use to have Freedom of Choice want to go to Church or not just like when you get religious door knockers you can talk to them or not have stickers on your door that stipulates No Door Knockers usually for sales people and religious people come to your door selling God those who believe or not. Singing in Church is not a crime or listening to a Sermon and I am sure Social Distancing was involved and maybe even wearing Facemasks except for the Preacher it’s hard to talk in a Facemask and would be a fair distance from the first row.

    What does is big corporations allowed to stay open as an Essential Service, you have Coles and Woolies that can do home deliveries and Liquor Barn can do Home deliveries as well even though I would not put Alcohol as Essential Product. I am sure people can do with out Alcohol for a long time if needed it comes to Choice there as well.


  30. I’m just an old broken tradie . but I’m not stupid . It’s a con ,I,m retired so I have time .covid . you’re going to get it at some stage . not a death sentence. it can be treated . the info is there . look at Listerine . they are non-committal [ need to cover butt]



  31. About masks, something I am sending to the lawyers in this case, this weekend. This one was even mentioned by Reiner Fuellmich:


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