West Australian Senator in exile, ‘bank basher’ Rodney Culleton is expecting to be re-instated to the senate after the High Court delivered a fatal blow to the long-running ANZ Bank campaign to destroy his career and livelihood
A unanimous decision handed down on March 21, 2018, Alley-v-Gillespie, paves the way for the senate to re-install senators Bob Day and Rod Culleton, however it could have further far-reaching ramifications for other senators removed under s44 of the Commonwealth Constitution.
In essence the HCA has ruled it cannot decide on a question of disqualification or vacancy without first empowering the House under s22 and s47 challenging any question under s44 of the Constitution which states any question of eligibility for an elected candidate to the Upper or Lower House can only be decided by the respective House of Parliament.
Culleton has maintained this argument ever since Judge Barker of the Federal Court in 2016 found Culleton bankrupt because a proposed land deal between himself and Perth businessman and leading Liberal Dick Lester had turned sour.
Lester was reported as spending $1.6 million with Perth law firm King Wood Malleson chasing an alleged
debt of $200,000.
Culleton alleges the law firm and Lester were acting on instructions from the ANZ Bank because he had challenged the ANZ Bank’s bona fides over bank foreclosures through the senate.
Two solicitors, Michael Lundberg and Adam Rompopis who were leading the Culleton offensive, have since departed the firm.
To add insult to injury in June last year, the Federal Government pursued Culleton for $712,000 in expenses and wages incurred while his senate office was in operation.
It was a first ever demand for office expenses by government against a former Member.
On March 7 the Finance Minister Mathias Cormann wrote to Culleton stating he had forgiven the office bill. Culleton said he refused the offer because legally, he remained a senator.
“I did not accept Cormann’s waiver of the debt because I was unlawfully removed from the senate,” Mr Culleton said.
“After the s47 ruling on March 21 I informed the senate President he must recall the senate to deal with the matter of my disqualification which will have implications for other senators who were also disqualified by the High Court.
“All facts must be debated in the House and questions of disqualification or vacancies must be dealt with by the House.
“My argument regarding s47 has never changed and I put the President on notice last week the ‘surrogate’ senators not elected by the people are only filling the void created by the High Court sitting as the Court of Disputed Returns.
“They should pack up and go home. The whole senate has been brought into disrepute by former Liberal Attorney General George Brandis and former President Stephen Parry when Brandis withheld the statement of agreed facts from the senate.
“The new president must recall the senate and deal with the matters.”
The extract below is from a story published by Cairns News on March 8, 2017:
A single judge of The High Court of Australia, 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.”
Lower House supporter Katter’s comments from January 19, 2017.
KAP Federal Member for Kennedy, Bob Katter who had formed an alliance with Senator Culleton because of his effective attack against unlawful bank foreclosures, waded into the fray last year.
“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,” Mr Katter said.
“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.
“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.”
On March 8, 2017, Culleton warned of the looming “biggest Constitutional correction since federation.” It has occurred.
KAP Federal Member for Kennedy, Bob Katter has called on Australians to contact their local politicians and give them ‘The Request’- to support the Banking Royal Commission/Commission of Inquiry.
A Newspoll released today shows that sitting member for Dawson, LNP George Christensen is neck to neck with One Nation, which places him on a suicide mission if he does not cross the floor to support Katters bill for a Royal Commission.
Although 68 per cent of voters in Dawson support the Royal Commission, they haven’t yet realised One Nation is now another branch of the Liberal Party and will not support the inquiry.
George would be best placed for his longevity in Parliament to support Katter and join his party.
PM Malcolm Turnbull and his Cabinet, including Barnaby Joyce have been instructed by the Australian Bankers Association new chairman, Anna Bligh (ex Qld ALP Premier), to prevent a Royal Commission from going ahead.
Bligh is simply reinforcing a long-held policy of the ABA and the Liberals.
Only the executive arm of Government can call for a Royal Commission, so a Commission of Inquiry is being pursued with all the powers of a Royal Commission, but it will report to the Parliament, instead of the executive arm of Government.
To become law the Commission of Inquiry will require two members of the Government in the lower house to cross the floor. The Federal Member for Dawson, George Christensen has publicly stated he will support a Commission of Inquiry – so one more Government MP’s vote is required for the bill to pass.
“So we just need one more. There is only one language politicians understand and that is ‘we are going to get you, we are going to get rid of you at the next election’,” Mr Katter said.
“We have had 100s of people from all over Australia ringing my office and demanding a Royal Commission into the banks – which we already support and we introduced Commission of Inquiry legislation last year.
“So from now on we are telling them to put ‘The Request’ to their local Federal Member of Parliament and get three people to do the same. Those three people are then asked to get another three people each, who then get another three people….and so it continues.
“I’m telling Australians to contact their local Federal Member of Parliament and say ‘are you voting to support this?’ If the Local Federal Member is not supporting the Royal Commission into the Banks then say, ‘we officially inform you that we are working to get rid of you at the next election’. It is not about saying we support someone else, it is just that we are getting rid of you.
“80% of the Australian people want a Royal Commission into the banks. It is a litmus test really on whether you are there to represent and protect the established order, or if you are there to represent the people. This could not be a more clear cut case.
“It is quite clear to me that George Christensen is a man of integrity and will cross the floor, as he has done before. He is a Lone Ranger. Not another soul from the ALP or LNP has crossed the floor in the last 20 years.
“Depending on definition there has been between 15 and 38 inquiries since 2010. But the savagery of a Royal Commission and its powers can’t be ignored. I never regretted the Royal Commission in QLD, even though it cost me and my Country Party greatly and many innocents were burned. Even though we never put the bad guys in gaol, we did remove their protection and destroyed the corruption. This is what a Royal Commission brings.
Australians can find out who their local Federal Member of Parliament is on the following website which has a search function to search by electorate, postcode or politicians name: http://www.aph.gov.au/Senators_and_Members/Members
Queensland living up to its reputation as a police state
Banking Royal Commission must start now
The corrupt legal system and Netherlands-based Rabobank have skinned another scalp, this time a farming family living near Prarie, 400 klm west of Townsville.
Seven carloads of armed police and two carloads of receivers arrived at the Bradshaw cattle property Laurelvale near Prarie on February 1 at the behest of dodgy receivers Ferrier Hodgson who then took possession of the property allegedly due to non-payment of a loan.
Accompanying the intimidating police armada was a locksmith from Thuringowa Locksmiths and Locksmiths Services near Townsville, Will Caldwell and Warwick Yates (pictured) from receivers Ferrier Hodgson Brisbane and Gadens Lawyers solicitor Scott Couper of Brisbane.
Neil Bradshaw, 29, the son of Lloyd and Noeline Bradshaw was arrested at Laurelvale Station and dragged off by two burly police officers then taken 200 klm to Charters Towers police station.
He was charged with obstructing police and assault. Neil says he did not at any time intentionally assault police.
Bail conditions set by the attending sergeant prevent Neil from going back to his home on the property.
He said the police told him they were there to protect the bailiff and arrived in such force because like every rural property the Bradshaws had firearms in their possession.
As can be found on most family run properties, Neil owns cattle running on the station and machinery which he believes will be stolen by the receivers.
“My cattle are not mortgaged and nor is the machinery, but I won’t get them back from this lot. I have been told they are mustering my cattle right now,” Mr Bradshaw said.
“Both properties are in drought declared shires although we have had good rain it will take us years to recover from the worst drought in history.
“We produce hay but instead of selling it we kept our own cattle alive for three years and if we didn’t do this Rabobank would have had no stock to sell at all.
“We were offered $700,000 for Laurelvale in the middle of a drought but its real value is $2.2 million and our debt is supposed to be $5 million because Rabobank has pushed it up with all their charges with the receivers.
“If we sold Laurelvale with 850 head we could pay them out but they wouldn’t accept our offer and they said they don’t want it because they can’t get the true value.”
In similar circumstances to scores of other fire sales the banks and receivers enforce unreasonable demands to make debt reductions and generally forbid moving stock to other properties with good feed.
In one case at Charters Towers in 2015 receivers Korda Mentha allowed at least 500 head of cattle to perish because the owners were not allowed to shift the cattle to agistment and the receivers had provided no money to feed them.
In this case Mr Bradshaw said Rabobank demanded the family pay the entire debt “straight away.”
“They are trying to get their hands on Ballabay Station(Pentland) too, so my parents have worked for a lifetime for nothing,” he said.
Member for Dalrymnple Shane Knuth of Katters Australia Party has been following the case and is critical of the legal system that allows such travesties to occur.
“These people have committed no crime and contributed so much to their community over many years,” Mr Knuth said.
“They have been heavily involved in Landcare and supporting the beef industry. It is not their fault they copped five years of drought and a government enforced live cattle export ban.
“It will take them up to five years to recover from this drought.
“This episode demonstrates a clear demand for a Royal Commission into banking.
CATTLE BRANDS NOT MORTGAGED
Cattle producers and agents are warned not to buy or deal with cattle with the following brands, which are not mortgaged to Rabobank and belong to Neil Bradshaw:
9G2 (script) UE9 (script)
Described as Brahman cross cows and calves; greys and reds; heifers and steers greys and reds some with Bazadais cross.
These cattle are listed on Personal Property Securities Register and legally cannot be sold without the owner’s permission. Neil Bradshaw has a registered interest and has a superior claim to that of the receivers, according to legal advice.