Category Archives: Judges
Exclusive report by Jim O’Toole
Culleton advised by UK Supreme Court his senate expulsion was wrong at law leaving the way open for other expelled senators to reclaim their seats
The Supreme Court of the United Kingdom has advised Western Australia Senator-in-exile Rod Culleton the High Court of Australia has erred by removing him from the senate.
In January Culleton filed an appeal, contrary to legal advice, against his senate expulsion in the Supreme Court(Privy Council) citing s47 of the Commonwealth Constitution of Australia, which had been ignored by the High Court.
This section states: ‘Until the Parliament otherwise provides, any question respecting the qualification of a senator or of a member of the House of Representatives, or respecting a vacancy in either House of the Parliament, and any question of a disputed election to either House, shall be determined by the House in which the question arises.’
The High Court, sitting as the Court of Disputed Returns, expelled him from the senate in 2017 on a referral from then Attorney General, Senator George Brandis.
“Preliminary guidance from my case manager in the UK Supreme Court referred me to a legal maxim from a case precedent, Hilary Term  UKSC 3.”
The case precedent cites “….. Blackstone (Commentaries on the Laws of England) says that the whole of the law and custom of Parliament has its original from this one maxim: ‘that whatever matter arises concerning either House of Parliament, ought to be examined, discussed, and adjudged in that house to which it relates, and not elsewhere.’
“The senate now has no choice but to remove all of those candidates who filled casual vacancies created by the High Court and reinstate me, because a legal maxim is the final say, there is no law above it,” Culleton said.
“This includes Jacquie Lambie and Bob Day who have indicated to me they will now contest their expulsions by the High Court under s44 of the Constitution.
“The senate will have to decide on my eligibility to sit as a senator.”
Tomorrow Culleton intends to inform the Clerk of the senate of this legal maxim leaving the Clerk no choice but to ask the senate to reinstate any senator expelled by the High Court.
“The Parliament is compelled and bound by this maxim. The senate cannot abuse its powers and must immediately ask the surrogate senators to remove themselves from the House as they are only filling a vacancy,” he said.
“Furthermore, I believe those unelected surrogate Senators are now impersonating a Commonwealth Public Official and putting the Senate in disrepute through their unlawful representations and I quote Odgers Australian Senate Practice, 13th Edition, 2012 page 160:
“Presumably if a conviction is quashed on appeal the vacancy which was taken to have occurred upon conviction and sentence is taken not to have occurred. If such a presumed vacancy has been filled the filling of the vacancy would then also be void.”
A republic for Australia means NO MORE RIGHTS and NO MORE FREEDOMS.
They will make the new constitution so that it only benefits THEM and not we the people!!
A republic is great for politicians as they can then rewrite the constitution and somehow any references to TREASON will all be removed.
ONLY a REFERENDUM by ‘WE THE PEOPLE’ can decide on whether we are allowing Australia to become a Republic !!!
Townsville Seminar Thursday 1st and Friday 2nd of February 2018
9.00am to 5.00pm
Grand Chancellor Hotel Townsville
For all Farmers, Rural Small Businesses and Home owners
Speakers Senator Fraser Anning, Don Bundesen, Leon Ashby (Chairman),
Andy McLaughlin, Stewart Jensen and one or two more speakers sharing their stories.
This Townsville Seminar is a follow up to the previous Seminar held on Wednesday the 13th of December 2017,
The above speakers want to support, and assist farmers, small business owners & residential owners with their complaints against Banks, Lenders, Advisers, Solicitors, Valuers, Agents and Receivers to help prepare their submissions and position paper so they can be submitted to the Banking Royal Commission.
- A print out of the Seminars notes will be available on the Friday.
Thursday 1st Feb. from 9 am onwards (appointments preferred)
A workshop on how to prepare your submission (for those wanting to be walked through the process)
- Getting your argument together in a minimal summary (1 – 4 pages)
- copies of documents to support your case – which ones & why
- Position paper – what it is & how to do it
- What not to do
- bookings , – e-mail Leon Ashby, (advisor to Senator Fraser Anning) Leon.N.Ashby@aph.gov.au , 0435423636, or Andy McLaughlin Senior Rural Consultant & Mediator firstname.lastname@example.org
Friday 2nd Feb, 9 am to 5 pm
Senator Fraser Anning, Welcoming guests and speakers
Opening address by the Chairman Leon Ashby
- Craig Caulfield’s story
- What has been learnt about banks so far
- The outcome of the Senate Inquiry into Rural banking
Mr Don Bundesen: lawyer options, opportunities with the Royal Commission
Morning tea 20 minute break
Senator Fraser Anning – government assistance and grants to keep you trading
Andy McLaughlin negotiating with your bank
Lunch 45 minutes
Stewart Jensen /credit liberation – Legal avenues for dire situations
Andy McLaughlin and Leon Ashby – preparing your submission
- Key points to get commission to understand your case easily
- Understanding when and why a bank will not meet with you
Open forum and questions
Afternoon tea 20 minutes
People who can help you – lawyers, consultants, advisors and others
Summary of day and final questions
It is important that farmers and small business people promote and attend this seminar and encourage those who have been affected by their banks actions come forward. All complaints will be restricted and kept confidential if necessary. Many guests and speakers will arrive on Wednesday the 31st 2018 if you wish to catch up before the seminar. Please make a booking for accommodation at the Grand Chancellor hotel asap. Car Parks are allocated to booked rooms. We look forward to meeting you. We hope you will attend to learn what you can do to achieve the best possible results for you and your family.
Senior, Rural Consultant, Mediator and Seminar Organiser.
Letter to the editor
The Canberra Times
Now that the High Court has shown it will almost strictly interpret OUR constitution, will we now see those who are “entitled” to the rights and privileges of citizens of foreign powers willingly or otherwise be removed from OUR parliament?
There are many who are in the proverbial cleft stick as they have parents who are citizens of Great Britain, Greece and others. If you have, for instance, renounced your British citizenship, you may still recover it by way of application and the Home Secretary will approve it unless you have a criminal record or an unstable mind. Apparently you will only have it returned once, but to reapply for it to rid yourself of it demonstrates a disloyalty to Australia.
Those born of German parents automatically gain German citizenship, as with George Henry Brandis.
How many other of those sitting in OUR federal parliament are ineligible according to Section 44?
Attorney General George Brandis QC next to go: says government insider
We have been made a Republic without a Referendum. The High Court of Australia is not even ashamed of itself for failing to read the Sections 16 and 34(2) Constitution, and the ABC in the form of Anthony Green tweets that those Sections of the Constitution, were exhausted in 1901 with the first Election. In this republic we never agreed to there must be some sort of magic that turns people into gender neutral robots, who fail to understand the plain words of the English language. It is time the whole Parliament, the 76 Senators and 150 members of the House of Representatives met in a joint sitting and asked some hard questions of the seven members of the High Court and the judiciary generally but especially the High Court, because we need these questions answered.
What do you not understand about Clause 5 of the Commonwealth of Australia Constitution Act 1900? It says , This Act and all laws made by the Parliament of the Commonwealth under this Constitution, Shall be binding on the courts judges and people of every State notwithstanding anything in the laws of any State. If the High Court Judges are people, they are bound. If not or they do not understand that the Constitution binds them, and if Anthony Green of the ABC does not understand that he is one of the people referred to in that Section, the Commonwealth and ABC should let them go. If someone who earns $350,000 at least tax free cannot read and understand plain written English, then it is time that we got someone in there who can. That is what S 72 (ii) Constitution provides.
S 16 Constitution deals specifically with the Qualification of Senators, and S 34 (ii) Constitution deals with the qualification of Members of the House of Representatives. These sections say that if they have been in the country five years and owe allegiance to the Queen, they are eligible. Clear straight forward instructions, to the courts judges and people and once again the High Court is defying the Parliament of the Commonwealth and the Laws of the Commonwealth. So too are Judges and Magistrates all over Australia and a regime of institutional theft has been introduced by the States, for the benefit of the States because the High Court needs to go to Specsavers. So too it seems do all the lawyers who had their expenses paid by the Commonwealth and failed to make this argument to the Apex Club sitting at the top of the organised crime gang, presently operating in Australia and severely burdening the people with greater and greater expenses keeping children in poverty, and old people poor while our wealth is exported and the Banks pay huge dividends and make enormous profits.
If the High Court were not really ordinary people and did not have to eat as we do, drink as we do, and die eventually as we do, they would be entitled to consider themselves as Gods. They will all die eventually, they will all retire at seventy, but they should on their performance since 2004, be all sacked after their response to my first question. I asked Senator George Brandis the Commonwealth Attorney General, on the 12th September 2016 why for 12 years they had felt free to defy the Laws of the Commonwealth by leaving the Name of the Queen off all process issued out of the High Court. If they had bona fide set out to correct the High Court Rules 2004, after they admitted they were wrong, then this debacle of supposedly sacking six duly elected Members of Parliament would never have happened. I have incontrovertible evidence on the High Court letterhead that they were advised of this problem in 2006-7 and did nothing for nine more years.
They may look like a Golden Calf, and Act like a Golden Calf, but the same fate as befell those who worshipped that Golden Calf in Exodus, should all make their exodus, with their lives, but little else. The Sins of the High Court are many. They believe, if the Record is examined that they are the Government and the Parliament is an inconvenient nuisance to be ignored. I and every other member of the people of the Commonwealth, have been given authority to call them before the Queen they deny is the Sovereign, the Queen to whom I swore allegiance when I became a Senator. I have got Senator George Brandis as George Henry Brandis before that Queen on criminal charges, and when a person, any person reads S 5 Commonwealth of Australia Constitution Act 1900 and then S 147.1 Criminal Code Act 1995 (Cth) it is quite clear that it is a serious crime to put violence on a Commonwealth Public Official. The head -butter who assaulted Tony Abbott is prosecuted by the Australian Federal Police but they have not yet prosecuted the High Court for assaulting by Paper Order they expect to be obeyed, 6 out of the eight sitting Members illegally haled before them, and thrown out of Parliament by them. There is a special punishment prescribed for people who are Judges and Magistrates who assault Members of Parliament. Instead of ten years imprisonment the Parliament says they must get 13 years . It’s all there in black and white.
As for the lawyers of the Commonwealth. Not one of them publicly pointed out that Ss 16 and 34(ii) Constitution make the politically murdered perfectly qualified to be in Parliament. As for the lawyers of the Commonwealth. Not one of them publicly pointed out that Ss 16 and 34 (ii) Constitution mean they are perfectly qualified if they were here for five years and owe allegiance to the Queen. Not one of them.
Lets get to the Court of Disputed Returns. After I attempted to intervene to save the other five elected representatives in this proceedings, by pointing out that S 77 (i) Constitution prohibits the Parliament of the Commonwealth from legislating to define the jurisdiction of the High Court, which it has done in the Court of Disputed Returns, and pointed out that since 1986 the International Covenant on Civil and Political Rights is definitely part of the Laws of the Commonwealth, they ploughed on regardless. The Court of Disputed Returns is illegal and has been ever since it was created. It is being used not for its intended purpose but to intimidate Members of Parliament. It exercises a defined jurisdiction. So intimidated are the Members of both Houses the High Court and Federal Court of Australia have been allowed to get away with political murder.
For 498 years from 1372, to 1870 lawyers were banned from Parliament in the United Kingdom. Perhaps we need a referendum to ban them from this nations Parliament in the House of Representatives. If the best we have can get it so wrong, what are we employing them for? I am a rainmaker. The drought certainly broke for the lawyers I employed to defend me in the High Court and the Federal Court of Australia has arguably by sitting without a jury, which I requested, broken the law in S 268:12 Criminal Code Act 1995 (Cth) which bans the arbitrary infliction of imprisonment or other severe deprivation of physical liberty upon any of us, and a Sequestration Order in Bankruptcy, is a severe deprivation of physical liberty carrying Seventeen Years imprisonment , and this Order of the High Court is another. Where are the Australian Federal Police when we really need them? They should march up to the High Court as Moses did to the worshippers of the Golden Calf, and lay the charges that ought to be laid on them for political murder. A political murder that should not go unpunished in the Parliament of the Commonwealth. It is utter and complete contempt by them for your elected representatives, and must be fixed. The Parliament of the Commonwealth has the power. For our Nations sake it must use it. from Rodney Culleton’s law research team
Harry Palmer presents this bulletin making Queenslander’s aware of David Walter taking on the judicial on Monday 30 October in Cairns at 9am. Exposing the duopoly and judicial having removed your rights your support at that court on Monday to pack the premises will send a message to the enforcers who dare to dictate against your rights.
David Walter had the summons for Judge Mullins to attend court on Monday, this was returned with the envelope marked “return to sender”. The same applied to the summons sent to Magistrate Bentley.
The conclussion here is that summons are to be ignored, or that Judges and Magistrates are above the law.
Do we have a new class of privileged persons like Kings of old.
Turn up on Monday at Cairns Court and flood the place out with concerned Australians over your rights being violated.
Forward this post all over to let the people know what is going on behind closed doors.
Tomorrow at 9am Cairns Court to support David Walter
Today David Walter fronted Cairns Court and the same Magistrate who jailed him for contempt and made false claim of his aggression to government enforcers within that court to which many witnesses submitted statements to the perjury committed by the said Magistrate.
A lethal blow was delivered in that same court today by David at last recognised by government lawyers and the said Magistrate who when informed Queensland is but a private organisation and it is not an official government under a charter for starters, which he backed up with irrefutable facts.
Several times the magistrate took leave from the bench to gather her thoughts she explained to the court and when David answered her question as to what was it he wanted to which he stated;
- Take the whole matter to the High Court to rule on this illegal government
- Produce just one true Australian in this court.
The fluster magistrate declined and removed herself from hearing the case which she has handed another Magistrate for tomorrow’s hearing.
The Federal Government and Opposition continue to fall apart driven by corruption scandals, citizenship disqualification and a judiciary acting as the arm of dishonest political parties.
Former One Nation WA senator Rod Culleton has borne the brunt of a corrupt and unaccountable judiciary marching to the orders of Liberal Attorney General George Brandis.
This time justice might catch up to the errant Brandis after he was served with a summons to face the Magistrates Court on a criminal conspiracy charge.
Culleton has charged the beleaguered Attorney General with conspiracy allegedly over his part in giving the senate false information to have the High Court disqualify Culleton over his bankruptcy which he says was an intentionally incorrect finding of a Federal Court judge.
Culleton launched the private prosecution after a meeting with the Chief Magistrate in Canberra.
Meanwhile the Director of Public Prosecutions is attempting to take over the case and shut it down, no doubt on orders from the accused Attorney General.
Culleton says the DPP is a public servant, “not a duly elected public officer.”
“The Director has no right or qualifications to take over my case. They are not a judge or jury,” he claimed.
“I was tossed out of the senate because my first question to Senator Brandis pointed out the High Court and all other courts had been functioning unlawfully since 2004 when the courts removed the Crown(Queen) from all process.” (Cairns News Nov 22, 2016)
Disqualification of sitting politicians under Section 44 of the Commonwealth Constitution of Australia, should also apply to lawyers or barristers who sit in Parliament.
“The Parliament is in conflict with the Constitution by having lawyers as politicians,” Mr Culleton explained.
“These members are officers of the court and being a politician they receive a reward under the Crown and as such should be disqualified under Section 44 too.”
A constitutional analyst has pointed out to Cairns News that George Brandis’ parents were both born in Germany, entitling him to German citizenship.
“”This would bar him from sitting,” the analyst said.
Up to 15 black teenagers hit a man with a bicycle, then punched and kicked him unconscious in the early hours of Sunday morning in the Cairns suburb of Woree.
The man, 36, had left a local hotel and was walking towards his car when he was directly approached by the gang of youths.
Senior Constable Russell Parker of Cairns Police said the man had been unconscious for about 10 minutes and when he came to, discovered his phone, wallet and car keys had been stolen.
Constable Parker said his car was taken for a joy ride by the indigenous youths but later recovered.
Police have called for public assistance to find the culprits. As previously reported in Cairns News gangs of roaming, largely indigenous criminals have placed a stain on Cairns as a safe tourist destination.
Police have long complained that after putting in hundreds of man hours looking for youthful criminals in the past, their able efforts are normally diffused by the Magistrates Court.
Successive State Governments have watered down punishment for young criminals and the Labor Government shut down boot camps.
Indigenous health advocate, Geoff Guest OAM, told Cairns News he has had outstanding success with youth and adult drug and alcohol rehabilitation over 30 years.
The renowned Petford Farm, west of Dimbulah, has successfully seen more than 3000 patients pass through its gates.
Many former residents of Petford Farm, now the Guest Centre, return after 20 or more years to pay homage to Mr Guest for turning their lives around.
The Guest program, based on horse training and riding, has been acknowledged by health professionals as the best substance abuse rehabilitation course in Australia.
Mr Guest said he has not admitted troubled youth to the program for a number of years, instead concentrating on healthy nutrition for Aboriginal communities, a strategy he believes should prevent the need for extensive rehab programs.
Member for Kennedy, Bob Katter, has called on the State Government to introduce healthy eating programs across the north, particularly at Kowanyama where three children attempt suicide each week.
Mr Guest, aged 90, is a seemingly ageless philanthropist, who has dedicated much of his life to helping others.
from Gil Hanrahan in Melbourne
One Nation Senator Pauline Hanson, two of her senators and Attorney General George Brandis QC, have had criminal conspiracy charges filed against them in the Melbourne registry of the High Court of Australia.
The complaint was filed by former One Nation WA Senator Rodney Culleton on Friday June 23 and includes former colleagues senators Brian Burston (NSW) and Malcolm Roberts (Qld).
They have been charged under Section 43, Crimes Act 1914 (Cth).
The summons will be served by Mr Culleton on Monday, June 26.
Former senator Rodney Culleton, was sacked from the senate on Jan 12 after being found bankrupt by the Federal Court. His brother-in-law Peter Georgiou was nominated by the High Court to sit in his place as a One Nation senator for Western Australia.
Mr Culleton filed criminal charges of intent to attempt to pervert the course of justice in respect of the judicial power of the Commonwealth.
Mr Cullleton accused the senators of “seconding a motion in the Senate on the 7th November 2016, to refer the question of the possibility that Rodney Norman Culleton would be subjected to a term of imprisonment by a Magistrate at Armidale, and the Senate did refer the said Rodney Norman Culleton’s eligibility to the High Court.”
The charge further reads “…..and you allowed the matter to continue, even after an agreed Statement of Facts was filed in that Court proving beyond any reasonable doubt that the said Rodney Norman Culleton was never under potential imprisonment and thereby in breach of your sworn public duty, attempted to pervert the course of justice in respect of the judicial power of the Commonwealth.
“ (this is) An Offence against S 43 Crimes Act 1914 (Cth). Under S 129 (5) Evidence Act 1995, the transcript of proceedings in the Senate are admissible against you.”
The charges were filed in support of a notice under 78B of the Judiciary Act 1903 of a constitutional matter alleging the Attorney General had withheld the agreed statement of facts of the referral to the courts by a motion instead of a mandated petition which in any case exceeded the 40 day requirement to lodge an objection to the eligibility of a sitting member.
The agreed statements of fact were not filed in the HCA by the Attorney General.
Culleton said the statements of fact clearly show that he would never have been sentenced to imprisonment for the alleged theft of a truck key two years ago.
“I got no say and the agreed facts were never presented to the bench,” he said.
“Brandis should have filed the agreed facts that were signed of off by the Australian Government solicitor stating that I would never have been sentenced.
“Sect 25 (1) (a) of the Crime Sentencing Procedure Act says the local court must not make an order of imprisonment if the offender is absent.
“This matter has never been held at trial but was only based on non-agreed facts put to the HCA by Brandis.
“He has used taxpayers money to unlawfully remove me from senate at the request of the banks.”
No date has yet been set for a hearing.
Senator Hanson was unavailable for comment.
During Culleton’s short tenure sitting in the senate he forced the High Court to restore the Queen in legal process.
He says the restored ‘Queen of Australia’, does not exist. Culleton has been a huge thorn in the side of the banks, calling for a federal inquiry into banking practices after presenting evidence of widespread corruption involving farm foreclosures.
View documents of charges lodged;