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.
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.
Rod Culleton, One Nation senator for Western Australia puts the Attorney General and the High Court on notice: the HCA been acting unlawfully since 1979
HCA agrees to amend its Rules: the banks could owe the Commonwealth $30 billion in fines
David with his slingshot , aka WA One Nation senator Rod Culleton, launched his first question in the Senate at Goliath’s Attorney General George Brandis that shattered the halls of power.
Culleton’s legal team had discovered Constitutional flaws in the High Court Rules and the response from the Attorney General confirms the HCA Rules Committee will make amendments to bring the rules into line with the Commonwealth Constitution of Australia Act 1900.
This decision begs the question, what effect will this have on every matter that has been before the HCA over the past 37 years?
The Question asked in the senate that rattled the High Court:
“Chapter III of the Constitution creates a Federal Supreme Court to be called the High Court. Could the Attorney General please explain to the Senate how the High Court of Australia Act 1979, complies with the first paragraph of Chapter III Constitution and why when the Federal Supreme Court in the United States overturned sixty seven Statutes between 1952 and 1998 when the book, The Judicial Process (which I have) was last printed, the High Court in Australia hardly overturned any at all, because they have been allowed to make Rules of Court preventing ordinary Australians going to them for Judicial Review of alleged breaches of the Constitution and Laws of the Commonwealth.”
George Brandis, reflecting on his arrogance with ignorance, smirking while congratulating Culleton on his question, attempting to distract from his own, obvious limited legal ability, then answered:
“I will refer the question to the High Court rules committee”.
While the new age of crossbench politicians continue to threaten the establishment, this farmer, now a senator, needed to be taught a lesson. Brandis was well aware Rod Culleton had admitted guilt to the theft of truck keys worth $7.50 during an altercation with a tow truck driver thug who attacked him while trying to repossess his truck before he was elected to the senate.
Brandis referred the application to the High Court on direction from ALP and LNP senators requesting a ruling if Culleton was an eligible candidate at the July 2nd 2016 election.
The problem facing the establishment’s attempt to get rid of bank-bashing Culleton is a lower court’s decision on appeal to annul Culleton’s conviction for larceny.
Rod Culleton’s question to the Attorney General was answered by the High Court:
Brandis congratulated Culleton for pointing out to the senate the existing rules did not conform to the Constitution. His hand written congratulatory note appears below
From Peter Gargan, legal affairs advisor to Senator Rodney Culleton, One Nation Senator for Western Australia:
Since 1952, the High Court has been refusing to file process unless it first approves of it, so we have no way of judicially reviewing the Commissioners appointed by the Parliament to execute and maintain the Laws of the Commonwealth. There are four Commissioners who should be Judicially reviewed and sacked. They are the Commissioner of theAustralian Federal Police on $600,000 per year, who has allowed State Police to terrorise the populations in breach of S 268:12 Criminal Code Act 1995 in force since 2001, and has allowed the Judiciary of both the States and Commonwealth to sit as slave masters without juries, in their civil jurisdiction in breach of S 268:10 Criminal Code Act 1995.
S 12DJ of the Australian Securities and Investment Commission Act 2001 bans harassment and coercion in respect of loans from Banks, and the ASIC Commissioner has the power to collect $1,300,000 per offence from all the Banks when they use harassment and coercion to collect loans on which they have been manufacturing defaults. I estimate there is around thirty billion dollars owing to the Commonwealth, if that Commissioner was doing his job properly.
S 44ZZRA — of the Competition and Consumer Act 2010 empowers the Commissioner for Consumer Protection to smash the cartel with the High Court at its head. People who use legal services are consumers, and because this cartel extends from the tiniest solicitor through Judges and Magistrates to the High Court the refusal to accept process to judicially review this lazy person, has allowed thousands of productive people to be destroyed by the cartel whose biggest clients are drug dealers, Banks and Insurance Companies who will not willingly pay, even if a premium has been paid for years.
The fourth Commissioner who should be immediately Judicially Reviewed is the Commissioner for Human Rights. She has the duty to enforce the International Covenant on Civil and Political Rights which is Schedule 2 to the Australian Human Rights Commission Act 1986. In Article 14 there is a Statutory Command drawn straight out of the New Testament that all persons shall be equal before the law. That section is an element of the Offence against S 268:12 Criminal Code Act 1995, so there can be no doubt it is a law. If that law was enforced every criminal would be entitled to be tried with a jury and also sentenced by a jury. Civil Litigants would no longer be second class citizens subject to arbitrary and ridiculous orders from Judges and Magistrates depriving them of their driving licences, their properties, and in some cases their children, on application from people who can afford the services of the Cartel.
Further if the High Court had not been in contempt of the Parliament for 64 years, S 90 of the Constitution would see car registration abolished, as car registration is an internal tax on goods, as are licence fees to drive cars, and the exclusive responsibility of the Parliament of the Commonwealth. Likewise if they had not been in contempt, the Fines Registry in every State, the subject of Political Protests from people who have no means to pay such fines, would have to be immediately abolished as they Offend S 43 Crimes Act 1914 ( Cth) in that they are acting on the pockets of Australians without the sanction of the Judicial Power of the Commonwealth. That is about nine billion dollars that should no longer be owing. The Commonwealth would have to put a little more excise on fuel, to build the roads we need and Ferries needed to give Tasmanians equality of transport.
I attach for your perusal the brilliant Speech given by Alfred Deakin in 1902 which tells us what we should have as a High Court. It was to be head of an Independent Australian Judiciary separate from any State Parliaments influence. That it has been in contempt since 1952, has allowed all sorts of skulduggery to take place in Queensland , Western Australia, New south Wales and Victoria, where Rules of Court are held to overrule any prior inconsistent Act depriving the people of Australia of the Rule of Law, and substituting instead The Rule of Lawyers.
click the book.
Dark clouds are gathering over the duopoly dictatorship with One Nation unearthing the High Court of Australia dismissing the rule book and running their own race.
This video of the senate show attorney general Brandis running for cover to the question from Senator Culleton;
“It has come to my attention that there is a discrepancy between Section 33 of the High Court Act 1979 which says all process shall (which means must) be issued in the name of the Queen and the High Court Rules 2004. Why has the High Court felt free to defy the Parliament for 12 years?”
Abbott is asking innocent law-abiding phone users to allow the mother of all police states to keep phone and net data
Nick Ross ABC Technology and Games Updated 20 Feb 2015 (First posted 19 Feb 2015)
Google shows you exactly where you were and when. Soon the government will know this too.
- Related Story: Why are people so worried about data retention and the National Security Inquiry? Nick Ross 28 Sep 2012
If politicians talking about metadata storage bore you to tears, perhaps you’d be interested in seeing how the tedious talk translates into reality? Thanks to Google, we can see exactly what’s in store for all Australians because it’s been doing this – often without people knowing – for years already.
For many people in Australia, clicking the following link will make them gasp.
For the increasingly few of us who haven’t used a Google account on a smartphone (or who currently haven’t signed in), what you’d be looking at is your Location History plotted on a map. Unless you’ve actively taken steps to stop it, Google has been automatically recording of your location every 45 seconds and time stamping each coordinate.
It’s amazingly easy to search where you were on which day: there’s a calendar in the top left, there are individual days below it, clicking on the times (to the second) below them instantly zooms you into your exact location on the map. Beneath the map is a timeline for the month which lets you quickly zoom into specific areas and clicking on the dots on the map shows you exactly what time you were there. Awesome, right?
Here it is up close. This is part of my (now very public) trip down to Bowral. My position has been recorded every 45 seconds. You can literally go back in time and see if I was speeding!
But while you can opt out of this Google tracking and delete your history, the government is wanting to store all of this information (and a whole lot more) for at least two years in the name of preventing crime, terrorism, child abuse etc. You don’t even need to have a smartphone, any mobile will do. What’s more, any law-enforcement official can access it without a warrant. The potential applications are mind boggling.
Simple apps could be developed that worked out who was speeding, when and where – whether it’s a motorway or a School Zone – and there’d be no escape. It would be like a national-level, Average Speed Camera. It could possibly even help to reduce traffic by removing persistent offenders from the roads.
But that’s not all. If you’ve heard businesses talk about Big Data in recent years, you’d be aware that analytics software is all the rage nowadays. With so much data gathered from the Australian populace, all kinds of correlations and interconnections could be made. The potential for catching criminals and spying on people is off the scale. [Update: Thanks to Twitter user @fijma for providing the link to this fascinating explainer of metadata analytics and how it could have been used to discover Paul Revere.]
Just think of the fun you could have with all that information and some low-level programming skills which, say, automatically went through records and found search terms for people’s embarrassing medical problems (which would also be stored as metadata) with nearby trips to doctors’ offices, clinics or hospitals.
You could find out where people of note spend their time, whether they’re celebrities, politicians, criminals, journalists, whistleblowers, ex-girlfriends or husbands. You could see what shock-jocks get up to when they’re not on the radio? Which celebrities are meeting up with other celebrities and at which times of day? Or night. You’d be able to set up alerts if someone went somewhere unusual or to a location they shouldn’t be near.
Turning your phone off only highlights gaps in the timeline and draws attention to areas in which you’ve been. Imagine, for instance, analytics being able to identify all phones that get turned off for an hour in the exact same location as brothels?
With no warrant needed, this is all easily available to bored police officers and officials. Presumably related professionals such as private investigators could make enquiries too.
It could even help clean up politics. If a high-powered politician wanted to see who another rival was speaking to or meeting with, it would be simple to find out. Police officers themselves would have to be on exemplary terms with all of their colleagues, overseers and underlings. The same goes for their spouses.
If this sounds hard to swallow, it’s worth noting that as we wrote this article a police whistleblower contacted the ABC’s Download This Show and said that the lack of oversight is already causing this to happen.
Nobody will be able to hide from anything: people they’ve met, places they’ve been or how long they were there and who they called. Going back years. Criminals couldn’t leave phones at home, turn them off or post them somewhere else: alibis would have to be established by sending phones on a believable, trackable journey.
Hopefully the information will be securely stored and not get hacked. One can only imagine what would happen with scurrilous dirt and location information getting into the hands of cyber criminals, extortionists, bored hackers looking for laughs, suspicious employers, journalists, paedophiles, terrorists and the like. But grand-scale hacks only happen a few dozen times per year.
Going off grid might sound like an option but is it really possible to do that in this day and age? The average Australian already has five connected devices and smartphone penetration is already at 75 per cent. While not everyone has a connected watch, it will be normal soon: the explosion of the Internet of Things will soon see all sorts of appliances and things like your car connected online.
Many people would freak out at the thought of having all movements recorded. Those who aren’t familiar with tech tend not to question policies that sound tedious and claim to prevent crime, terrorism and child molesting. But there are fleas which come with this hi-tech guard dog and the above merely describes just one small area of what’s going to be collected.
[Update: Extra links and info from social media discussion]
This article is being discussed on reddit, here.
The iPhone has something similar anyway. Just go to Settings > Privacy > Location Services > System Services > Frequent Locations (You can also disable it – and it is even creepier because it can tell when you were actually there or just passing through and it knows EXACTLY when you arrive and leave.) From doggie015
Crikey – Data retention will hurt YOU, not criminals. Here’s how via kqqw
TED Talk – Malte Spitz – Your phone company is watching via sciencetaco