Category Archives: Courts
by Jim O’Toole
Senator in exile, Rodney Culleton, after being locked in battle with the corporate Australian legal system since 2016, has filed an action in the High Court of the United Kingdom to have his expulsion from the senate overturned.
Culleton said yesterday he was excited the High Court had accepted his Constitutional argument in the first step to overturn the Australian High Court direction he be thrown out of the senate because of bankruptcy.
“I have never been bankrupt,” he said.
A single judge of the Federal Court issued sequestration orders against Culleton in 2017 freezing his assets in spite of a 21 day stay of proceedings being granted by the Federal Court.
Vexatious litigant and Perth businessman Dick Lester claimed Culleton owed him $200,000 over a failed sale contract on land, a claim pursued hotly by Culleton but he says Federal Court Judge Michael Barker failed to follow court rules, ignored all due process and did not look at his affidavits.
“When I was sworn-in as a senator on August 30, 2016, I swore allegiance to Queen Elizabeth 2 of the United Kingdom, making an oath to uphold the law.
“I did not swear allegiance to the fictitious Queen of Australia.
“This ceremony was witnessed by the Governor General and his deputy.
“It should be noted the Commonwealth Constitution Act of Australia 1900, (UK) remains in force and cannot be repealed by an Australian Government.
“The High Court of Australia does not have the jurisdiction to throw senators or members out of Parliament. Either House has the only jurisdiction under s47 of the Constitution to deal with a Member’s qualification.
“The Constitution is everyone’s contract but we can’t get a remedy in Australian star chambers which don’t recognise the Constitution.”
The HCA has long drawn criticism from those being refused a hearing on Constitutional matters, with litigants claiming the court is not functioning as a Chapter 3 court as required by the Constitution.
Culleton gave the example of any senator or MHR who files an action in the HCA. It is unlawful for the court to hear any evidence relating to parliamentary procedures under s16 (iii) of the Parliamentary Privileges Act 1987, he said.
“As a result they threw out my Motion 163 without having jurisdiction because they are not sitting as a Chapter 3 court operating under the proper Crown.
“There is no such thing as the ‘Queen of Australia’.
Culleton has asked the Law Lords of the Queens Bench to examine his request to debate his senate Motion 163 of 2016 which the Solicitor General filed in the HCA.
The statement of agreed facts filed in the HCA by the Solicitor General states a NSW Magistrate, in Culleton’s absence could not imprison him for the alleged theft of a $7 truck key from his own truck.
This matter could have, if imprisoned, disqualified Culleton from the senate under s44 of the Constitution.
“Motion 163 of 2016 was a requirement passed by the House announcing that Attorney General George Brandis’ referral of November 7, 2016 to the HCA is faulty and that there needs to be further investigation into that faulty action, originally orchestrated by former Senators Parry and Brandis, which was never passed by any procedure of law, ,” Mr Culleton said.
He said the senate could not lawfully vote on Brandis’ December 7 motion at the time because there were insufficient senators present to form a Quorum under s22 of the Constitution and the relevant material was withheld from the chamber by Senator Brandis and Senator Pauline Hanson.
Culleton’s legal team remains in London until a hearing date is set by the full bench.
Walter calls for supporters to attend the court
After losing his wife and property, then being jailed for a month in 2017, former policeman and Constitutional analyst David Walter has struck back, filing a claim in the Supreme Court against the Queensland Premier.
A hearing to strike out Walter’s application under the Uniform Civil Procedure Rules 1999 by solicitor Paul Andrew Lack for Premier Annastacia Palaszczuk has been set down for October 12, 2018 in the Cairns Courthouse.
Walter was bankrupted by the Mackay City Council and other regional councils allegedly for advising ratepayers not to pay council rates.
He said he had made two requests to the Premier to have the matter settled out of court, but she had refused.
In 2017 he was unlawfully bankrupted by four shire councils as a non-party to actions taken by the councils against ratepayers for refusing to pay rates. In what was a first ever action of this nature, Walter experienced and exposed judicial and political corruption on a scale not ever seen in Queensland.
In his deposition Walter states private citizens are excluded from any criminal or civil legal actions by the ‘State Government.’
“Any property be it real or ready money Legal tender of the Commonwealth Pounds, shillings and pence, real property land or any private property held in any private Constructive Trust of any private person which includes Her Majesty, Queen Elizabeth 2 in their will and testament for their heirs and assigns, is protected under the Common Law of the Commonwealth of Australia (UK) as held to Crimes Act 1914 and the ASIO Act of 1914 from any taking and use for any business purposes of a private person themselves the Members of the Registered Political Parties in the Commonwealth of Australia Act (UK), must be by way of signed Contracts by all parties involved and the property be it Money Legal tender of the Commonwealth or Real or Personal Property by way of acquisition only,” Walter deposed.
“Any acquisition of property by the Members of the Registered Political Parties are held to Paragraph 51 (xxxi) of the Commonwealth of Australia Constitution Act (UK):
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
“Section 33 binds the Crown in the right of the Commonwealth, as the Crown is represented by the Constitutional Sovereign Her Majesty the QUEEN Elizabeth 2, in the Constitutions of the Six former Colonies those Constitutions are held to Parliaments of the (UK) – as members of the House of Commons as held to Common Laws of England, not being Members of Registered Political Parties or a MP in a signed De Facto Relationship with either John Howard or Peter Beattie both private persons an subjects of the Crown in the Preamble, the Deed of the Commonwealth of Australia Constitution Act (UK).
“As the Crown, being a private person Elizabeth 2, the Crown herself cannot be liable to pay any pecuniary penalties in Australian Currency $AUSD a digital Currency only, by way of a fine under Australian Law.
“Nor can Her Majesty the Queen be imprisoned for any Statutory Offence of the Australian Parliaments commencing 1988, by any Judicial Officer (Justice or Magistrate) in any Australian Court on the land of the Crown held to Common Law of England as is every other person of the Commonwealth including the Queen herself.
“Therefore any person being a subject of the Crown, imprisoned in Queensland, under the statutory Laws of Private persons, Members of Registered Political Parties, in unsigned and dated and sealed Judgements signed by a employee of (the “State”) a State of a Clerk of any Queensland Courts or person holding that authority and paid in Australian Currency, for their private services to the Parliamentary Members of the Parliament of Queensland Act No.80 of 2001. Reprint 1E © State of Queensland 2016, persons themselves inside the Constitution Act 1867 Qld, as those they have imprisoned or fined under digital Australian Law, must be immediately released as held to the Common Law of England as held to Church of England and the Holy See.”
David Walter has asked for supporters to turn up at the Cairns hearing to ensure a repeat of his incarceration by a wayward Magistrate does not occur again.
by Gil Hanrahan in Melbourne
An attempt by the Commonwealth Department of Public Prosecutions to prosecute ‘Senator in exile’ Rod Culleton for not complying with a sequestration order, has so far failed in the Commonwealth Magistrates Court in Perth.
After a submission by Culleton, at a hearing on Friday, the Magistrate ordered the criminal matter be adjourned for two months to allow mediation between the parties.
Culleton said he had not been served with any summons by the CDPP prior to the court appearance yet the case had been listed to be heard on July 27 without his prior knowledge, had he not been ‘tipped off’ by a third party.
He said inquiries made to the court prior to the sitting revealed he had been charged but not informed of the charges.
In a letter to the court Culleton explained he had not been served with any process.
“I made appropriate enquiries today (July 10) to the registry of the Magistrates Court in Perth and to Peter Botros (CDPP, Canberra) outlining my concerns. I have been informed that fresh criminal charges have been made against me personally, which has taken me by surprise,” Mr Culleton said.
“I had not been informed of the details of the spurious charge …..listed for 27th July 2018 as I have not been personally served on any matter.
“It appears that the CDPP is usurping its powers to commence a criminal prosecution over a matter I know nothing about.
“All other matters are before the High Court (C15/2016) in Canberra re s44(ii) and s44(iii) (disqualification re jurisdiction) which is still awaiting a ‘date to be fixed,’” he said.
Culleton was charged by WA police two years ago for allegedly stealing a receiver’s car at an attempted farm seizure by the ANZ Bank. The police, without any benefit of a sworn statement by any person present commenced proceedings against him for allegedly placing barley straw bales around the locked vehicle.
Barley straw is so light in weight that a child could have removed the hay bales, an onlooker commented at the time.
He said the police have no direct evidence or sworn statement that implicates him. He was one of a large crowd helping another distressed farmer rally against the now-proven criminal activities of banks.
“At the original hearing about the straw bales I told the Magistrate there was no case to answer. Then the police escorted me from the court,” Mr Culleton said.
This matter has been set down for another hearing on August 27.
The Federal Liberal Government is desperate to get Culleton out of the way before the High Court rules on the unsettled matter of jurisdiction.
Should the HCA order Culleton be returned to the senate the ramifications for the government are extraordinary, which would almost certainly result in criminal conspiracy charges against former Attorney General George Brandis QC, the dismissal of the Government and a fresh election of both Houses.
A directions hearing is scheduled for August 6.
In reply from a letter to the Governor General from Culleton suggesting Saturday’s five by-elections could be unlawful, Government House Secretary Mark Fraser said the GG cannot intervene in a matter “that is the responsibility of the Government”
The GG is the Head of Government in Australia. Legislation passed in Parliament cannot become law unless the GG gives Royal Assent, albeit a token gesture these days.
The letter demonstrates the highest office in Australia has been completely neutered since the creation of Whitlam’s republic in 1975 and Hawke’s Australia Act 1986.
The Constitution clearly gives the GG Sir Peter Cosgrove authority to intervene in the Culleton matter, but it seems the former army General has lost his way.
Culleton’s very public argument that s 47 of the Commonwealth Constitution clearly states his matter of qualification to sit in the senate under s 44 can only be decided by the senate and not the Court of Disputed Returns, has been filed with the HCA.
So-much-so that he attracted the attention of respected counsel and former Solicitor General of Australia, David Bennett AC, QC to represent him on the disqualification question.
The Federal Government’s dirty tricks department is alive and well and demonstrates the extent to which Cabinet and the Liberal Party will go to protect the Canberra lawyers club.
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.
“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.”
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.”
A reader has offered a reward for the identities of the rats who dobbed in the croc shooter. Cairnsnews suggests Mr Orchard should not pay this extortion to a Marxist government which places animal lives ahead of humans.
KAP State Leader and member for Traeger Robbie Katter has pledged to make the first donation to the Go Fund Me page of the Rockhampton man fined $10,000 for shooting a crocodile.
Today in Rockhampton Court, Luke Orchard was handed a $10,000 fine by Magistrate Jeffery Clarke but had not conviction recorded over the shooting of a monster crocodile near Rockhampton last year.
Mr Katter spoke to Mr Orchard’s father Phil, this afternoon reaffirming the KAP’s commitment to put people before crocs in Queensland while also pledging to support the Go Fund Me page out of his…..
“We remain committed to creating safer waterways for Queenslanders,’’ Mr Katter said.
“People have been crying out for help to deal with the expanding crocodile problem. Unfortunately, as a result people are forced to take desperate measures to ensure the safety of themselves and their family and to protect their livelihood.
“This is what happens when the Government doesn’t act.’’
Phil Orchard said his son had been shaken up by the incident and was very remorseful.
“I agree with the Katter’s Australian Party in that some sort of crocodile control should be introduced, not necessarily culling, but something to manage the numbers,’’ Phil Orchard said.
“My son and I go out every day and count the calves, we know we are losing lots of calves to the crocs every year. We see the cows pacing along the river bank bellowing and looking for their calves which have been taken.’’
KAP Member for Hill Shane Knuth, who introduced the Safer Waterways Bill into the previous Queensland Parliament, said he would reintroduce the Bill during the current Parliament.
“It’s disappointing that people feel that the government is doing nothing and frustrating them to a point they are taking matters into their own hands,’’ Mr Knuth said.
“This is state-wide issue and as such should be dealt with by the Queensland Labor Government. We don’t need another study, people want our waterways safe now.’’
by staff writers
Police have had enough. Youthful black criminals some as young as 13 are stealing late model cars from homes in Cairns at the rate of five a week.
The latest victim had his hire car, a Mitsibushi ASX, as well as his wallet and credit cards stolen from a relative’s Bentley Park residence.
The four teenagers in the stolen ASX then pulled up alongside a marked police car at Aeroglen, where officers were attending an accident. A stolen Nissan Micra had crashed into a police car after police deployed a tyre deflator. Four youths aged between 16 and 18 were detained by the dog squad.
The teenagers in the ASX openly taunted the officers, knowing they were unable to take any action, due to the Police Department’s no-pursuit policy.
The four youths, aged between 13 and 16, reportedly from the nearby coastal Aboriginal settlement of Yarrabah, soon after rolled and crashed the Mitsubishi hire car in Yarrabah.
They remain in hospital under police guard.
The day before black juvenile offenders, stole a luxury Lexus sedan and crashed it at Earlville after its 15 year old driver taunted police officers.
The hapless tourist who hired the ASX, Shane McCauley, of Toowoomba, now faces an insurance excess charge of $4000 because the car was written off.
He said the black youths had turned his happy family vacation into a nightmare.
“The financial burden it has put on us. We came up here on holidays and it has turned out to be a nightmare,” Mr McCauley told the Cairns Post.
“It wouldn’t bother me not to come back to North Queensland again.
“What a shit hole to put it bluntly.
“If I had a hammer I’d break their kneecaps.
“It would have been nice if the cops rang me. I haven’t got a no-pursuit policy.
“The magistrates really need to crack down on this.”
Cairns News in the past has reported several extremely contentious issues with Police Union president Ian Leavers, but at last he has come out in support of completely disillusioned Cairns police officers who have been doing their best to clean up the substantial element of indigenous offenders which have been giving law-abiding Aborigines a bad name.
Mr Leavers received a lot of public support for coming out to can fixed speed cameras which he said were doing nothing towards the road toll and were merely “revenue raisers.”
He also ridiculed the department’s no-pursuit policy.
Cairns News fully supports Mr Leavers on these vital issues but could never share his opinion that only police officers should be allowed to own guns.
by Gil Hanrahan, editor-at-large
Queensland farmers want to stick to their guns but the Labor infested public service has refused several hundred handgun licence renewals over the past 18 months causing many cases of animal cruelty.
Farmers need handguns, which have been a part of their tools-of-trade since the first sheep and cattle were offloaded at Botany Bay in 1788.
But the socialist Queensland Labor Party is denying them a licence to carry one even if a farmer has been licenced for 20 or more years without incident or a change in circumstances.
Should a farmer find a cow with a dead calf stuck in its uterus while giving birth and the cow is on its last gasp after the crows have pecked out its eyes and those of the calf, he has no option but to kill the cow. How? He is 20 klms from the house and the nearest rifle because he is on a horse or motorbike.
He could cut the cow’s throat with a pocket knife, that is if he is still allowed to carry one.
The LNP Opposition in 2011 helped outlaw pocket knives by voting with the ALP to ban them. Agforce was dead quiet about this one.
Once a farmer would take his revolver out of its holster and shoot the cow, being the most humane thing to do while appeasing the brain-dead Animals Australia and the RSPCA both of which refuse to provide midwives for Brahman cows.
There are a number of alternatives for hard-pressed farmers such as buying one of many anecdotal ‘hot’ handguns available on the black market or to inadvertently misplace the licenced pistol, which happens on occasion.
Katters Australia Party State leader Robbie Katter says he will step up the pressure on the Labor Party when Parliament resumes to force the ALP Marxists to instruct the Weapons Branch to renew all licences for farmers.Police Minister Comrade Ryan like his predecessor Captain Bill Byrne has a generational hatred of farmers as this new parliament will reveal.
There is palpable union and Labor animosity towards those on the land producing clean and green food for Queenslanders, which unfortunately includes the Labor Party. Agriculture will be in for a torrid time unless the KAP cross-bench can hold them at bay.
The ALP is skating on climate-changing, thin ice even though it has a two seat majority, thanks to an abundance of vote fraud and the ethnic welfare vote. Before the new parliament sits, the Member for Mulgrave and former Treasurer Curtis Pitt is about to be hauled before the powerful Ethics Committee after the LNP alleged he misled the last parliament by pushing through a sweetheart deal for the Tram and Bus Union. Pitt’s fate is up in the air.
Another alternative is for farmers to launch a Federal Court class action to lay bare the unlawful Australia Act 1986 and the alterations to the Queensland Constitution in 2001 by the political miscreant, Peter Beattie without a referendum.
Has anyone noticed since 2001 how Beattie, Bligh, Newman and Palaszczuk refer to “my government’. Does anyone remember giving the ‘government’ to an individual?
Beattie removed the Queen and installed the Premier as the new head of State for the corporate, Socialist Republic of Queensland.The legal mechanism used by the malcontent Beattie can be found in the record of proceedings in the Cairns Magistrates Court: Queensland Police –v- Walter, 2016, QP1700886562 QPS.
If farmers could actually band together for the common good just for once, the Federal Court would have little alternative but to find there is no criminal law in Queensland applying to those citizens outside of the political parties, just the common law which exists across the nation.
Submissions called to investigate the unlawful removal of Senator Rod Culleton from the senate earlier this year.
What really happened? Why did the Attorney General Liberal George Brandis, intentionally mislead the senate about Culleton and how did the Senate President Stephen Parry(former Port Arthur undertaker) remove Culleton without a motion of the senate? Section 47 of the Commonwealth Constitution of Australia says only the senate can rule on the eligibility of a senator.
Brandis is hightailing it to London as the new High Commissioner. He will no doubt be called to give evidence. He has a problem.
‘On 6 December 2017, the Senate resolved that the following matter be referred to the Joint Standing Committee on Electoral Matters for inquiry and report by 6 February 2018:
The implications of recent decisions by the Court of Disputed Returns concerning section 44 of the Constitution on questions referred by the Parliament under section 376 of the Commonwealth Electoral Act 1918, with particular reference to:
(a) the decisions in connection with the disqualification of former Senators Bob Day and Rodney Culleton;
(b) a regime for disclosing information relating to aspects other than section 44(i), for which the Parliament has already provided;
(c) the form such a process might take and how it could be implemented; and
(d) any related matters.’
Committee Secretariat contact:
Joint Standing Committee on Electoral Matters
PO Box 6021
Canberra ACT 2600
Phone: +61 2 6277 2374
Fax: +61 2 6277 4773
Cowards with guns shoot defenceless cattle and horses
Cattle and horse stealing have been plaguing long-time grazier, landowner and renowned horseman Geoff Guest OAM who runs Petford Farm along the Petford Irvinebank Road, 33 klm west of Dimbulah.
A month ago two cows were shot in the driveway of his homestead, situated some 60 metres from the road.
About the same time three horses were shot, wounded and left to die in his paddock. Helicopters buzz the property regularly, which Mr Guest, 90, believes are looking for his cattle and horses.
Some time ago Mr Guest was monitoring on his two way radio, illegal night time mustering by thieves with cattle dogs.
“I heard them on the radio talking about catching cattle. It was very clear so they must have been quite close,” Mr Guest said.
“Judging from their conversation they were catching my branded and unbranded weaners and loading them on a small truck then taking them somewhere close to be killed and then selling the meat.
“Fortunately I was able to record most of their conversations on my phone and I have given all this information and a bit more I have been told to a private investigator.
“Today a helicopter flew up Emu Creek and over the paddocks looking for my cattle and horses, but I now have a warning system in place that alerts some local people that illegal mustering is going on, and they can be on the property in a short time to deal with it.
“I have legal people assisting my group who will get these people into court real quickly.
“When they shot the cows one night they were in a direct line with the house and bullets could have easily hit the place.
“I got one of my military supporters to recover the projectiles from the dead cows and he sent them off for ballistic testing.”