High Court expulsion of Senator Culleton wrong at law – UK Supreme Court
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.”
Culleton brings criminal charges against Brandis
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.
Brandis trying to bury Culleton with $700,000 senate wages bill
Senate could investigate Attorney General George Brandis
West Australian ‘Senator in exile’, Rod Culleton, has today sent a letter to all Senators, informing them that his extension request for the purported Commonwealth debt of $700,000, is due to expire today. He has requested that the matters surrounding his removal from the Senate earlier this year be urgently addressed.
Mr Culleton has accused the Attorney-General of being in contempt of Parliament and claims that the High Court did not have the jurisdiction under section 376 of the Commonwealth Electoral Act 1918, to remove him from the Senate based on the Senate’s referral on 7th November 2016.
“Section 353 of the Electoral Act clearly states that only a petition can be used by the High Court, sitting as the Court of Disputed Returns, to invalidate a member and remove them from Parliament. There has been no petition by the Senate in my matter and laws have appeared to been broken by the Attorney-General. Furthermore, his cavalier actions may have even brought the High Court into disrepute and that is unacceptable by the highest legal figure in our country.”
“I believe that Senator Brandis has misled the Parliament by hot-wiring the Court of Disputed Returns without a key, which was not activated correctly under the Electoral Act to remove me. His actions have not gone unnoticed by the people of Western Australia and also members within the legal profession.”
“As the highest court in the land, and under the Constitution, I have put the Senate on further notice and asked them to deal with the matter expediently. I believe that there have been serious constitutional breaches surrounding the passage of the motion that was granted leave, by the Senate.”
“I am standing up not only for the rights of my Western Australian constituents but also for my staff who were left jobless and financially disadvantaged due to this judicial abuse by Senator Brandis.”
Mr Culleton has said that he is currently in talks with Senators who have realised that there are serious questions that the Attorney-General must answer to before the Parliament and that Brandis now could find himself in breach of being disqualified from Parliament under section 44 of the Australian Constitution.
Culleton will not go away greatly upsetting the Liberal Party and its High Court
Former Western Australian senator Rod Culleton would have scuttled the criminal activities of the banks had he continued in the senate but Liberal Senators Stephen Parry and George Brandis, and their subservient courts acting under instruction from the ‘banks collective’ acted unlawfully by removing Culleton from the senate.
Parry has been compromised by his part in the Port Arthur massacre and will do everything he is told. Parry’s involvement in the Port Arthur scam has previously been revealed in Cairns News.
Cairns News has no misgivings that the phantom government is making the Liberal Party lean very hard on Parry and Brandis to keep Culleton out.
In reality the WA businessman and Liberal sycophant Dick Lester spent $1.6 million in legal fees, pursuing Culleton for an alleged $205,536.50 debt that resulted in his unlawful bankruptcy.
Culleton’s affidavits showed that Lester was not interested in any financial payout but instead wanted Culleton to give him the patent to his invention and the shares to his company.
Culleton believes that Lester used the courts to try to gain control of Culleton’s company and colluded to ensure his removal from the Senate.
Read this explosive story below and weep at the corruption in our parliaments and courts.
CULLETON SIGNALS “MAY-DAY” FOR WA
by Saraya Beric
West Australian ‘Senator in exile’, Rod Culleton is firing shots from all angles to reveal the truth in relation to his unconstitutional removal from the Senate earlier this year.
The resilient farmer was disqualified from the Senate on 23rd December 2016 over a purported bankruptcy. He and others have now filed petitions into the Senate under Standing Order 207, which allows people to dispute the election of his replacement. Mr Culleton says that he has filed a 231-paged affidavit into the High Court yesterday making this move, after learning from a ‘leaked source’ that the Government is moving to sue him for the salary he collected as a duly elected Senator for West Australia.
“In January, Senator Parry declared that I had been disqualified, yet the bankruptcy matter was still before the court at the time. He ignored the court stay on all proceedings and the notices from my legal team; he interfered with the process and I believe he breached both the Bankruptcy Act and Commonwealth Constitution,” Culleton argued.
“Senator Brandis, as Attorney General, was also asked to intervene to ensure a lawful and transparent process but was found derelict in his duty in refusing to act to rectify the anomalies. This matter is very serious, as it constitutes a breach of the Senate Standing Orders and both Brandis and Parry, I believe, are in contempt of the Senate standing orders.”
“Furthermore, the Governor of West Australia, who had the jurisdiction to appoint a replacement Senator because the WA State Parliament was not sitting, had not ratified the appointment. The procedure under Section 15 of the Commonwealth Constitution clearly demands these procedures are followed, however there is no evidence to suggest this has happened. Documents tabled in the Senate show that Senator Parry used the 10th March, 2017, Court of Disputed Returns Order over a matter which had been annulled, to fill the ‘vacant position’ instead, clearly showing that correct procedure was not adhered to.”
“Senator Parry has crossed the legal boundaries, breaching his responsibilities as Senate President and must review the Senate rules on this matter. He is not above the law and has clearly usurped the powers of the Senate and the West Australian Parliament. This has become an embarrassment for the government and the evidence points to Senator Parry and Senator Brandis having mislead the Senate.”
“My submissions state that the Supreme, Federal and High Courts breached Constitutional clauses, the Parliamentary Privileges Act and the Senate’s manual on its powers, procedures and practices, ‘Odgers’ Senate Practice’, which instructs that ‘no vacancy is to be filled until an outcome is final, or that placement will be void’” .
High Court restores unlawful ‘Queen of Australia’ in judicial process
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.
Lash the banking bastards at Ballabay if necessary
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.”
Financial assistance needed urgently for Rod Culleton
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.
Culleton to call Attorney General and judge before the senate
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.
PERTH SWAT team snipers and 10 police with pistols drawn evict farmer at request of ANZ Bank
Evidence given at NSW Parliamentary Inquiry Into Banking
ANZ Bank features prominently in unlawful foreclosures. The largest non-institutional shareholder in ANZ is Queen Elizabeth of England!
Biggest bank heist by the banks in the history of rural Australia
ABC Rural Feb 17, 2016
Photo: Brett Fallon shows his maimed and burnt hands, from self-immolation. He claimed in a submission to a parliamentary inquiry to being traumatised after ANZ claimed he defaulted on a bank loan.
Farmers whose properties were foreclosed on by the ANZ bank since 2010 have made explosive claims about the devastation suffered by those who were accused of defaulting.
Two have given evidence at a parliamentary inquiry hearing, in Sydney, into the banking industry’s practice involving loans.
Rod Culleton, of Williams in Western Australia, and Margaret Menzel, Townsville, representing sugar cane farmers, gave evidence.
Mr Culleton was a cereal and sheep farmer until he lost the farm in 2013 and has been fighting the ANZ in the courts and in the media ever since.
He said ANZ had admitted to overcharging in fees incurred during the transition [from Landmark to ANZ] and “is giving a lot of that back”.
In answers to the committee, Mr Culleton said he, and others in positions of default to ANZ, were “held at gunpoint” after receivers were sent in.
“That’s reality,” Mr Culleton said.
“Ten [police] came to my place that day [the receivers came in 2013].
“At Bruce Dixon’s it was caught on TV. There were four police with their pistols on us and there were SWAT teams up in the bush, and we were held at gunpoint that day, quite horrific really.
“We went there to support Bruce Dixon,” Mr Culleton said.
He also claimed another defaulter with ANZ was “victimised that much by receivers and police … tipped 15 litres of petrol over his head and set himself on fire”.
According to Mr Culleton he was in a coma for six months.
During the hearing, Mr Culleton asked Brett Fallon of the Whitsunday region to stand to demonstrate his maimed and burnt hands, after his self-immolation.
He submitted the story of Mr Fallon to the inquiry, describing him as a Queensland cane and cattle farmer who had a Landmark loan of $3.5 million and ANZ demanded it be repaid in 2010.
“Over the next three years Brett Fallon sold assets and all the proceeds [$3.7 million] were paid to the ANZ.”
“Mr Fallon then attended the Ingham branch of the ANZ in May 2013 and was told his outstanding loan was $4 million, and his cattle and crops belonged to [someone else, name withheld].”
Mr Fallon claimed outside the hearing that a lot of people could not attend because they had taken their own lives.
He echoed calls for a Royal Commission into banking practice and the establishment of a nationalised Rural Development Bank, to give a break to farmers who had seen their land devalued.
ANZ’s takeover of Landmark’s loan book
When ANZ took over Landmark’s loan book in 2010, from the scandal-ridden Australian Wheat Board, Mr Culleton said he received a series of emails outlining the transition.
Reading from the emails he said, “‘Landmark and ANZ will be working together to keep you informed of any changes'”.
“‘You aren’t required to do anything, and until 2010 your accounts and cheque book will work the same way as they always have.
“‘If you have any questions please speak to your rural financial manager,'” Mr Culleton quoted from the email.
But he said there was no local manager in Bunbury and he could never speak to anyone on the phone to discuss the new ANZ bank terms.
Mr Culleton claimed he would have been able to repay the loan, but did not want to bank with ANZ.
“I never signed over to ANZ Bank,” he said.
“They created new bank accounts calling me a customer, and then they defaulted me on accounts that were foreign to my company and companies.”
He explained in submissions that he wanted to have the freedom to move loans, but felt he was prevented from doing so.
“I have the right to go elsewhere,” he said.
“We’re not on some conspiracy theory, we’re telling the truth,” Mr Culleton told the hearing.
ANZ and Commonwealth Bank of Australia are expected to give evidence in April, delaying a report which was due in March 2016.