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 Cairns
Cairns Regional Council has joined in a vexatious claim against a retired police prosecutor, claiming unpaid rates from this resident of another shire.
David Walter resides at Herberton and is a ratepayer within the Tablelands Regional Council. His property is situated 140 klm from the CRC boundary.
Cairns News has researched the correspondence provided by Walter and it has become apparent the law firm Results Legal has not provided any documentation to Walter substantiating the alleged debt from CRC and several other Queensland councils.
Rhett Kipps of Results Legal has sent him threatening letters that most recipients would throw in the bin.
Cairns Mayor Bob Manning was recently mentioned in the media over his business dealings.
A Liberal Party sycophant Mayor Manning recently avoided bankruptcy after a failed business venture.
Cairns News sent the following letter to Mayor Manning on April 26 and to date has not received a reply:
Cr Bob Manning
We have a copy of correspondence from a law firm that is pursuing a retired police officer from Herberton showing that CRC is a party to the action claiming $67,097 for rates payment.
After speaking to Mr Walter he assures us he has never owned property in CRC area and we ask what this amount represents and how it is owed to CRC.
Furthermore we have spoken to counsel for Mr Walter who assures us that CRC could be liable for making false representation to a law firm claiming rates not owed by Mr Walter.
We are advised the High Court will soon make a ruling on this matter and CRC could leave its ratepayers exposed to a substantial damages claim.
Could you please detail your council’s involvement in this spurious and seemingly vexatious matter.
Your early reply would be appreciated.
(a copy of the Results Legal letter warning Walter to vacate his property was attached to the CRC query above. Cairns News published this letter on April 22.)
This query was also sent to each CRC councillor but no replies have been forthcoming.
A legal representative for Walter, who asked not to be named, likened the claim by CRC to “…extortion, being vexatious and frivolous…. it has no lawful standing…”
Walter says he has never received any documentation from a council or the State Government relating to any unpaid court costs or unpaid rates.
“This claim from the Queensland Government is unprecedented in the State’s history and has no lawful basis,” Mr Walter said.
“If the claim that has no supporting accounts, invoices or correspondence relates to court appearances by litigants disputing rates bills, the State Government and the courts would know I have never been present in their courts at the time these litigants appeared.
“In fact they dislike me so much the Bar Association got a judge to make an order preventing me from entering any court in Queensland or I will get tossed into jail!”
Walter says the only way for the law to be restored in Australia is to petition for a Writ of Certiorari to be issued by High Court, then to be served on Her Majesty the Queen. He sent this Petition to the High Court on May 5, 2106.
A Petition to restore the Commonwealth Constitution of Australia
The Chief Justice
The High Court
David John Walter, a shareholder in and of the Constitution to the High
Court. I, Petition, the High Court, in writing and signed personally and dated.
Issue – Writ of Certiorari to be issued by the High Court.
I, David John Walter, Petition, as a shareholder in and of the Constitution, to the High Court, as held to Chapter 111, of the Constitution, as held to Common Law of England Clauses 1-9, Sections 61,105,107,109,117,128 inter alia Section 80 Judiciary Act 1903, Royal Styles Titles Act 1953, and Statute of Westminster.
I, seek leave of the High Court, to immediately issue a Writ of Certiorari, served upon Her Majesty The Queen, Mrs. Elizabeth Mountbatten of the House of Windsor, Buckingham Palace, London England, the Current holder of the Crown of the Commonwealth of Australia.
Order Number 1-
As held to the Default Notice dated 12th February, 2013, signed dated by myself, upon Her Majesty The Queen – served by Registered Post on Her Majesty The Queen, Buckingham Palace London England, of which I hold the receipt I, Petition, Her Majesty The Queen, to effect immediately.
To re- instate – Constitution Act 1867(Qld) [31 Vic. No.38] as in force 5th April 1977.
As held to the Default Notice dated 12th February, 2013, signed dated by myself, upon Her Majesty The Queen – served by Registered Post on Her Majesty The Queen, Buckingham Palace London England, of which I hold the receipt, I Petition, Her Majesty The Queen, to effect immediately.
To re- instate – Commonwealth of Australia Constitution Act as Proclaimed and Gazetted ,Tuesday 1st January, 1901
The High Court, to registrar and sign and seal and serve the two attached Caveats immediately, upon The Prime Minster of Australia, Mr. Malcolm Turnbull, MP – Parliament House, Canberra, and notify myself and the Crown, as soon as served.
And further for the Chief Justice of the High Court, to notify Her Majesty the Queen, immediately of the signed dated, I, Petitioned –Writ of Certiorari, I have sought leave for order of the High Court to issue and serve.
Order. 5 – Costs
Order. 6- Further orders as requested and sought
of and by the High Court.
Order. 7 – This is a Constitution issue
David Walter has asked for readers to sign and send this Sample Letter of support:
The Chief Justice of the High Court
May , 2016
I, …………………………… am a subject of the Crown and I too have never voted in any referendum to create another Government within the Commonwealth. I have no shares in that Government, no equity in Australian dollars, therefore, I too petition for the Crown to immediately re-enact The Commonwealth of Australia Constitution 1900 and the Constitution of Queensland 1867, as requested by Mr Walter in his Petition for a Writ of Certiorari.
For immediate attention Chief Justice French. email@example.com