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.
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’” .
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.