Category Archives: Culleton
Validity of the Australia Act 1986 comes into play
Litigants in all four levels of Australian courts have long complained about spending sometimes hundreds of thousands of dollars for lawyers and counsel to wade through thousands of pages of the Corporation law or any other law only to have a single judge throw out their case.
This time around a high profile victim of judicial chicanery, the erstwhile senator, Rod Culleton, wants natural justice after his brush with a bankruptcy finding.
A single judge of The High Court of Australia, or the Federal Supreme Court, on March 2, 2017 struck out Culleton’s appeal against bankruptcy, previously handed down by the Full Bench of the Federal Court.
“I am outraged and disappointed Justice Patrick Keane of the High Court did not ever read my written submissions yet he handed down his finding in spite of me asking for more time to prepare,” Mr Culleton said.
Coincidentally, March 2, 2017 was the 12 month anniversary when he was convicted of larceny in absentia in the Armidale Magistrates Court over the disappearance of a truck key worth $7.50, a charge for which he would not ever have been jailed.
“My counsel clearly told Justice Keane that the High Court did not have jurisdiction to deal with my position in the senate,” he said.
“Counsel told the court only the senate could deal with it and Justice Keane only had to read Section 47 of the Constitution which says any question over the qualification of a senator or a member of either House, ‘….shall be determined by the House in which the question arises.’
“The High Court says it gets its power from the unlawful Australia Act 1986 which was introduced two years after a referendum of Australian people said they did not want the Commonwealth to give its powers to the States.
“This referendum failed but here we have the High Court using powers the states should not have such as the denial of juries.”
The senate should be dealing with the validity of the Australia Act 1986 and this would result in Western Australia getting its fair share of GST revenue and preventing the sale of Australian freehold land to foreign governments.
“The people continue to say no to foreign buyers but the Liberals and Labor keep selling off our land,” he said.
“There is a huge cloud over the judicial system and my matter should be used as an example in the senate to clean it up.”
Comment from a reader, Howard, which is worthy of publication:
To hell with them alright, they are unfaithful usurpers and abusers of power who themselves will not acknowledge or respect law unless it is their own invention but they claim the claims of true law yet not only ignore their vows to the queen who evidently sets the example by ignoring her vows to God (legislatively recognised as the Lord Jesus Christ) and together they walk hand in hand with the Vatican to enforce legislated law that has been invented in parliament by a code that recognises the roman pontiff as God and thus, these usurpers embrace and endorse the very entity that once was universally recognised as the anti Christ eg true enemy of the legitimate head of the true and legitimate commonwealth. Whilst brutally enforcing their law they claim the authority from which their law comes doesn’t really matter. We have been manipulated into a western roman government system but in fact our legitimate government should be decidedly Christian , thus we are meant to have rights and to be ruled by moral principle but instead commercial contracts are being brutally and deceptively forced on us and that is what happened to our right of self determination. Once we are manipulated into the situation where an accused is considered guilty unless they prove otherwise as is typical of many state penalty based systems like traffic fines, then we have lost self determination. It means you can wake in the morning having stayed at home and ‘determined’ to not get involved in anything, yet, another can accuse you and you are required to defend or pay up. In such a situation (for example) you have no say in your involvement and no determination in your life, the state takes over.
Culleton forces HCA to restore the wrong Queen in court process, resulting in its bench closing ranks on Culleton and refusing to hear his arguments about nullified charges in a NSW court involving the disappearance of a $7.50 car key
The continual denial of natural justice in Australia is a direct result of political appointments to the bench
a dissertation by law analyst Peter Gargan
The Restoration of the Queen and all She stands for in the law, must be a priority for every West Australian voter this election because:
The Queen by Her Coronation Oath represents peace, order and good government as the Corporate Parliament of the Commonwealth has tried to legislate since 1986, but after the Australia Act 1986, The Parliament of Western Australia has legislated to remove all safeguards for private property, all freedoms of travel except other than that they approve, and tax, legislated to imprison people without fair trials, and not one Judge or Magistrate in Australia has ever said this is wrong.
Because all WA Judges and Magistrates are supposed to represent the Queen but now only represent the State of Western Australia and its people, they are repudiating the Australian Constitution. Consequently the entire Commonwealth Parliament is absolutely useless to the people of Western Australia because the Judges and Magistrates are treating the work of the Commonwealth politicians as a joke.
When Rodney Norman Culleton asked why the Queen was removed from the High Court the republican lawyers as Judges and Magistrates set out to get him. They put the Queen back in, but only the Queen of Australia not the one who represented peace order and good government from 1900 to 1973.
Your hip pocket is paying all the time for this new regime. Every time a Sheriff attempts to have a Judgment executed or take away your licence to drive, unless you pay the fines they have in the Fines Registry, they are breaking the Laws of the Commonwealth. By levying fines without first taking you to a proper Ch III Constitution Court they are breaking S 43 Crimes Act 1914 (Cth) and should be paying you, instead of attempting to steal your property. The penalty for that is ten years jail. It should mean the State of Western Australia pays you, $540,000 in liquidated damages every time a Sheriff tries to steal a car for unpaid fines. The Sheriff himself should pay $108,000 and so should every Police Officer who helps him get away with highway robbery.
Likewise every person who has lost his or her property in the last ten years, since the real Queen was abolished, ought to be able to collect this liquidated penalty, pay fifty percent tax upon it, and still be far better off than they are now. The biggest beneficiaries of this regime put in place by the Liberal Party are the Big Banks who made a $46 Billion Dollar profit last year, while the Liberal Government in Canberra is trying to screw Centrelink clients, to rake in around the $35 billion dollars deficit that they have allowed the Banks to evade using captive Judges and Magistrates.
Since 1983, the Director of Public Prosecutions of the Commonwealth has had power to overrule the Laws of the Commonwealth when it comes to law enforcement. Each and every one of the people was granted power, in 1914 in the Crimes Act 1914 (Cth) in s 13 of that Act, to prosecute any offender, but the Protection Racket this person has been running since this Act was passed, a protection racket for Banks, Corporate Offenders, Drug Dealers and Judges and Magistrates that has directly caused the present Budget Deficit of the Commonwealth is still there. The DPP has done this by s 9.5 Director of Public Prosecutions Act 1983, an Act that should never have received the Royal Assent because it has robbed the Crown. This should be repealed, but you need Rodney Norman Culleton in the Senate to get it done.
In 1973 the Governor General was misled into consenting to the creation of the Queen of Australia. Since then only a few High Court Justices have cast doubt on any allegiance whatsoever to the homespun Queen looking upon Her as illegitimate. Every Senator and Member of the Parliament of the Commonwealth swears allegiance to the Successor of Queen Victoria. This pretend Queen does not qualify, and no wonder some High Court Justices think she is a pretender. The present High Court which had five Judges declare Rodney Norman Culleton disqualified from the Senate, and the five Federal Court Judges who accepted a Judgment from a District Court Judge in Western Australia not made in the name of the Queen ought to be charged and disgraced. This should be enough to see Rodney Norman Culleton restored to the Senate and that Attorney General and President of the Senate charged as accessories to the said perversion of justice.
The Attorney General Senator George Brandis got a written Notice that Rodney Norman Culleton wanted the Commonwealth to strictly prove the Queen was legitimate in Western Australia, and he refused to come to the party. Senator Parry used the Judgment of an alleged illegitimate Judge in bankruptcy to kick out Rodney Norman Culleton from the Senate, on a dodgy contract no self- respecting lawyer would hold valid.
The Family Court has been illegal since its creation. It owes no allegiance whatsoever to the Queen. It destroys lives every time it adjudicates. It sends children into danger. It treats fathers and mothers alike as slaves. It treats children as chattels, as property of the State, to be dealt with like a commodity. It is the greatest lawyer’s money making machine ever created. It only continues because the High Court refuses to acknowledge the Queen and all She stands for.
No one, no one at all, should be imprisoned, have to pay any debt, unless the approval has been obtained from one of the Courts of Her Majesty. There are no such Courts in Australia today. There are lawyers Courts in the present Australia, but none “in the name of the Queen”, the words Senator Culleton insisted the High Court comply with, and as top of the pile, every lower court must comply too. For this they set out to destroy him, using Courts of Lawyers, and the lack of a proper education for every lawyer in Australia including those who advise the President of the Senate. The people of Western Australia must protest. By protesting and tossing out the present lawyers government in Western Australia and putting in a democratic party with the balance of power, you, the people of Western Australia will get your lives back, and your fair share of the GST. You will also lead the Commonwealth back to the Rule of Law, and get justice restored.
FORMER SENATOR ROD CULLETON ASKS COMMUNITY TO STAND UP TO BANK RECEIVERS AT BALLABAY STATION
Former Senator Rod Culleton, has released a plea on social media for people to get to Ballabay Station located just outside Charters Towers, at Pentland, 9am on Thursday morning.
Nolene Bradshaw and her family own Ballabay Station and Mr Culleton said that he had been working closely with Mrs Bradshaw when he was a Senator, to help keep them on the farm.
Mr Culleton said Rabobank, the lender, was one of the most aggressive banks along with the ANZ, when it came to farm foreclosures.
“Once we lose the great generational farmers of this nation, they will never be replaced and we will have lost the knowledge and expertise forever. This happened in Europe and it can happen here! Our farmers are irreplaceable,” he said.
“Rabobank have engineered the demise of Nolene Bradshaw and her farm. Nolene, her husband and their son are great pastoralists and have survived drought for years and the government induced live export debacle. Even through these tough times, the Bradshaws were able to look after their cattle, which are in prime condition now to be sold. The market is at an optimum peak and Rabobank should be allowing the Bradshaws to sell their cattle, to help service their loan. The Bradshaws had room to financially manoeuvre to meet repayment deadlines but Rabobank kicked in their heels.”
“The cattle are calving at present and the heat is extremely high, yet, the receivers have sent in a helicopter to muster the cattle. There is no court order to do this and the cattle do not belong to the bank. This is theft, not to mention that these actions will cause stress to the cattle and it is highly likely that they will die as a result.”
Mr Culleton says that he does not have a hatred for banks, but how the major four Australian banks treat their customers. “Instead of sitting down at a table and working out a commercial and viable way for the borrower to service the loan, the banks send in receivers and lawyers,” he said.
“This is why I am fighting for a Royal Commission into the banks, the receivers and other financial associates. The Senate has already agreed to one with the terms of reference I presented to them and now the House of Representatives will be voting on it again, imminently. I urge people to contact their local member and tell them you want a Royal Commission.”
Mr Culleton said that all members of the public and media are invited to attend Ballabay Station, on Gregory Springs Rd in Pentland, at 9am on Thursday 9th February.
“Mrs Bradshaw has advised me that the receivers could come at an moment during the day, so we are asking the public to be prepared to attend and stay for the day and potentially into the night. Our aim is to stop the receivers moving in so that we can prepare other avenues for the Bradshaws to save their farm. Bring drinks, food and shelter. It could turn out to be one big bush barbeque.”
January 19, 2017
COURT PROVES SENATOR PARRY HAS JUMPED THE GUN
Senate president Stephan Parry has a lot to answer for after a huge revelation at the Perth Federal Court this morning.
Senator Culleton has successfully got an appeal for his bankruptcy case and a further extended stay on all proceedings.
Today from a Sydney courtroom, Chief Justice Leslie Allsop, declared if Senator Culleton was to win the appeal, the bankruptcy conviction would be set aside which means it never happened.
“This shows that declaring my seat vacant was a premature move by Senator Parry and this now needs to be heard by the Senate,” Senator Culleton said.
“I believe the President of the Senate has usurped powers without consulting or getting approval from the Senate,” he said
“At all material times Senator Parry has ignored correspondence from my lawyers to whereby they stated that any action taken by anyone would be prejudicial and damaging and could hinder the outcome of the appeal due to it being very public.”
He said however Senator Parry declined to heed the warnings of his lawyers in the letter sent to his office that clearly stated his or her actions of his office would be clearly premature and maybe in beach of number 2 of the order of Justice Barker and Dowsett being that “all proceedings are stayed”.
“I am not going anywhere as a Senator of Federal Parliament until it’s fully vented and determined by the court and a court order clearly tells me to do so – and that might be from the High Court because clearly this is a Constitutional issue,” Senator Culleton said.
“These premature actions have branded me as bankrupt, when I’m clearly not and left me fighting for my life in the judiciary system against the big boys.
“I pride myself as an honourable business man but these actions have been very damaging and have publically disgraced me in the wider community which is disgusting.”
Trigger-happy Senate President, as Culleton granted appeal
KAP Federal Member for Kennedy, Bob Katter said, “The more we become aware what has been done to Senator Culleton the more clear it becomes that the Liberal Party counts on the vote of One Nation.”
This morning in the Perth Federal Court, Senator Rod Culleton was granted his right to have an Appeal heard on his bankruptcy ruling.
The Senator’s Appeal application was a live matter last week when the Senate President removed Senator Culleton from his elected seat in the Senate on the basis of Senator Culleton’s bankruptcy declaration being finally determined, which at the time — it was not.
Mr Katter said, “Whilst One Nation may have started off the ‘Killing of Culleton’, it is most certainly the Liberal Party who are trying to finish the job. The Liberals are doing exactly the same job on Senator Culleton that they did on Pauline Hanson herself. I was always appalled with what they did to her and publicly said so on numerous occasions. However, it is hard to feel sorry for her now.
“It’s becoming clear now that the Liberals with the support of One Nation moved at lightning speed to bankrupt Senator Culleton and in my opinion, stand him down from the Senate.
“On the issue of bankruptcy, the Liberal W.A Government gets to make the decision (in cahoots with One Nation).
If Senator Culleton is thrown out over the loss of a $7 key then the Liberals and One Nation do not get to choose his replacement. It goes to the number 2 on the ballot who is a One Nation True Believer, not of the new, ‘James Ashby (Liberal) One Nation’ that we see today.
“The staggering injustice of what has been done to Senator Culleton to make it legally impossible for him to defend himself… His tiny little pockets against the Government acting with the support of his One Nation party leadership.
“The President of the Senate with the support of One Nation has taken away Senator Culleton’s most basic rights to appeal. By having his bank accounts frozen. They have effectively killed his ability to appeal.
“It’s clear now that while the Liberals could count on One Nation doing as they’re told on the 4 burning issues,
- For the ‘Bash up the workers’ bill (ACCC),
- For the ‘Bash up the farmers’ bill (Backpacker’s Tax),
- For the Sale of Kidman to Gina Rinehart and Shanghai CRED,
- Failure to push for a Royal Commission into the banking industry.
“Senator Culleton has been a vote we can count on for these 4 key heartland issues.
“The Liberals could count on One Nation to sell out on their principals on all 4 issues, they could not count on Senator Rod Culleton. He represents the One Nation True Believers and he represents the policies of One Nation that we have always supported, but the One Nation we knew is not the One Nation that exists today.”
KAP Federal Member for Kennedy, Bob Katter believes democracy has been compromised in response to the Senate President’s decision to remove Senator Rod Culleton from the Senate before Senator Culleton’s bankruptcy appeals have been exhausted. Mr Katter is resolute that the bankruptcy ruling is not final until the appeals have been exhausted.
Mr Katter said, “The Senate President has a very checkered past. This reputation has been reinforced by his precipitate actions which quite frankly raise issues of ultra vires.
“We would not expect fairness from the ‘Senate Kangaroo Court’ but ultimately there’s going to be a lot of joeys looking for pouches to hide in after this appalling damage to democracy.
“The issue is fairly simple; they tried to railroad Senator Culleton out of the Senate for the loss of a $7.50 key of which he was subsequently found totally innocent. I just hope none of the Senators lose their hotel key when the hotelier doesn’t like them. The most dangerous precedent has been created here.
“On the second Culleton issue of bankruptcy, the ‘golden rule’ prevails under the LNP / ALP junta that runs Australia. The ‘golden rule’ :– he who has the gold, rules.
“Senator Rod Culleton did not have the money to fight off vindictive debt claims and being an average knock-about Australian, he was at a great disadvantage without the legal sophistication and big pockets of his opponents.
“If you can have the will of the people overturned for the loss of a $7.50 key and if you can have the will of the people overturned because someone doesn’t have the big pockets to pay the legal costs to fight debts whether valid or not, then there is clearly a debasement of our democracy.”
Rod has achieved more to restructure the illicit banking industry in his short tenure as a senator for Western Australia than most other politicians have in a lifetime. The banks have targeted him with the aid of the political parties and sections of the judiciary. The moves made by Rodney, such as getting the High Court of Australia to admit its rules were faulty by reinstating process under the Queen and the latest manoeuvre to summons Senate President Stephen Parry and Attorney General Brandis to the High Court will force it to determine if only the senate can remove one of its members, as stated in the Commonwealth Constitution of Australia.
Please dig deep to help Rodney, he is fighting for you, your family and your property. Rod described the banks yesterday as the “biggest asset strippers in our history.” Unfortunately making a deposit into a bank account is at present the only method of getting funds to help with court costs.
Maitland Lawyers Trust Account:
From the Cairns News team across Australia, thank you.
Senator Rodney Culleton is under siege ordered by the Federal Government aided by their political and judicial puppeteers, the banks, and is bunkering down for a battle before the Full Bench of the Federal Court.
Today his Melbourne solicitor, John Maitland, filed a Summons in the High Court of Australia, sitting as the Court of Disputed Returns requesting an order to stop the President of the senate, Liberal Stephen Parry from making any representations that Senator Rod Culleton is an undischarged bankrupt and/or disqualified to sit as a senator for Western Australia or to declare the seat vacant.
The Summons has been served on the Liberal Attorney General George Brandis and Senator Parry below.
Click excerpt picture above to view whole legal document
Culleton has made himself a target of the banks and the Liberal Party with his push to establish a Royal Commission into the banking industry after he lost farming property last year through alleged illegal activities of the ANZ Bank and its appointed receivers FTI Consultants.
For the last three years Culleton has assisted distressed and dispossessed farmers across the nation after the banks seized their farms. In most cases he maintains the repossessions were unlawful.
On January 12, Senator Culleton successfully applied for an extension of a stay ordered by Justice Barker in the Federal Court on December 23, 2016 expiring at 4pm today January 13, extended to January 20, 2017.
In spite of this extension, his bank accounts have been frozen before the stay expires and before an appeal against his bankruptcy is heard by the Full Bench of the Federal Court.
In another move Mr Maitland wrote to the Australian Financial Security Authority requesting the entry of Rodney Culleton on the National Personal Insolvency Index be removed immediately.
The letter advised the Authority that Justice Dowsett of the Federal Court extended the original stay expiring today to January 20, 2017.
ANZ not a creditor but stole the farm
The ANZ Bank has been leading the charge in farm forfeitures across Australia but yesterday Culleton said he was not going to take any more assaults from the banking industry or from being thumped from behind by a political adversary as occurred last week in front of the Perth Magistrates Court.
Culleton said as yet he was unaware of any charges being laid against his adversary.
He lost his farm and all his possessions while in the United Kingdom, when the ANZ seized his property purportedly under power of attorney and got a court judgement against him.
“The Supreme Court Rules in Western Australia allow action without an appearance and only three days for an appeal which I didn’t know about,” Senator Culleton said.
“The ANZ stole everything from my property including all my books of record, my kids sporting medallions, grain and stock. We got nothing back whatsoever.
“There were reports of machinery being buried on the property allowing others in to get it.
“At the creditors meeting it was recorded in the minutes that the ANZ Bank was not a creditor and they couldn’t come into the meeting, so how did they seize my property?”
Although Prime Minister Malcolm Turnbull had been handed all of the evidence relating to his property seizure and that of others, Culleton laments, “Turnbull won’t support a Royal Commission into the banking industry.”
The egregious farmer-come-senator has mooted he will fight the banks to the end, describing the financial industry and his case as a ‘crime scene’ in desperate need of ‘draining the swamp.’
Controversial Western Australian senator Rod Culleton has been seriously assaulted and hospitalised allegedly by a former Western Australian politician.
A spokesman for Senator Culleton told Cairns News the assailant attacked the senator from behind, knocking him and a companion to the concrete footpath outside the Perth Magistrates Court.
The assailant, aged 52, was known to the senator and had been ‘annoying’ him for some time, the spokesman said.
Senator Culleton has been admitted to the Perth Hospital for observation and to undergo X-rays for a suspected fractured wrist.
Sources claim the assailant had been a Liberal member of the Western Australian Legislative Council representing the Agricultural Region from 2005 to 2009.
Senator Culleton has filed an appeal against his bankruptcy handed down in the Federal Court before Christmas.
by Robert J Lee in Canberra
Embattled Western Australia independent Senator Rodney Culleton has accused the Attorney General of “total incompetence” for referring him to the High Court to determine if he had been disqualified from entering the senate after the July 2 election.
A petition to the Federal Court from Perth businessman Dick Lester to have Senator Culleton declared bankrupt over alleged debts could only be determined by the senate.
He said the Attorney General was “out of his depth” in referring the matter to the High Court.
“Section 47 of the Commonwealth Constitution of Australia is quite plain when it says ‘until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member,…. and any question of a disputed election to either House, shall be determined by the House in which the question arises.’” Senator Culleton explained.
“Quite clearly the judge was wrong in making a Sequestration Order to seize or freeze my assets especially after my lawyer told Justice Barker that sufficient funds had been deposited into his trust account to cover any alleged debt.
“The antics of Justice Michael Barker whose Court was described as a ‘circus’ by the Western Australia Newspaper and the efforts to frustrate the will of the people of Western Australia who have duly elected a Senator are matters that must now be faced by Attorney General George Brandis and the offending judge in the Senate.
“A referral to the High Court can only occur under the Electoral Act. There is no law which can refer a question like this to a court. This is a job for the Senate.
“The senate must consider Section 16 of the Parliamentary Privileges Act which brings in the Bill of Rights 1688 that guarantees jury trial and appeals to Parliament.”
Senator Culleton says he has the numbers to call the judge and Attorney General before the Bar of the senate to show cause why they should not be sacked.
Primary producers, small business and truck operators who had been gutted by the banks and lost their properties and lifetime’s work through similar court proceedings would benefit enormously from this manoeuvre, he said.