By TONY MOBILIFONITIS
A CASE brought to UK courts by former WA Senator Rod Culleton has shown the government of Western Australia is unable to demonstrate that it has legal standing under the lawful Constitution of the Commonwealth of Australia, as opposed to the unlawful “Australian Constitution” and its so-called “Queen of Australia” head of government.
Constitutional researcher Darryl O’Bryan believes the case is the most important one in the history of the Commonwealth of Australia. It also has implications for the UK itself and other British Commonwealth nations.
The case has led Senator Culleton’s Great Australian Party to call for more “interveners”, that is people in any way affected by this situation, to file a claim in support. Already interveners include the Original Sovereign Tribal Federations, 10 indigenous tribal councils, the Rural Australia Intervention Directive and various individuals.
Culleton has been in constant court battles related to attempts to disqualify him as a senator, originally based on larceny charge in NSW over a $7.50 tow truck key. He was convicted in March 2016, but the conviction was annulled in August.
In December 2016 he was declared bankrupt by the Federal Court in Perth and was subsequently barred from serving in the Senate under section 44 of the constitution where a senator who is declared bankrupt or insolvent is disqualified. The verdict followed legal action against him by alleged creditor and former Wesfarmers boss Dick Lester to have him declared bankrupt.
Senator Culleton’s counter action included asking the courts and Senate to show him a valid Australian court order that offended the Constitution, which they were unable to do. “It was then that I decided I would fight this the whole way,” Culleton told Cairns News.
“The whole point is that the government is not recognised under the Commonwealth Constitution and the law makes it clear that we’re supposed to be under that Constitution.” The situation led to Culleton and his supporters taking the issues to the Privy Council and other UK courts.
The WA government was unable to answer Culleton’s UK case by the deadline. It was an application for judicial review of a decision of the Chief Justice of the WA Supreme Court and for the Governor and Attorney General of WA to demonstrate lawful standing. The government failed to file a notice of appearance or defence and instead chose to write to the UK court asking it to throw the case out.
But case No. CO/588/2020, currently before a judge in the High Court in London, gives Australians a chance to “reset their governance” and regain the rights that have increasingly been violated in recent years – especially under the so-called COVID pandemic, says Melbourne-based legal activist Darryl O’Bryan, one of the original parties in the action. O’Bryan is a leading independent constitutional researcher and says the WA case implicates all states and all levels of government in Australia.
O’Bryan and other researchers in recent years have discovered that the Whitlam government’s Royal Styles and Titles Act (1973) silently transformed the lawful structure of government in the nation into a shadow system, most likely designed to facilitate the country into the emerging global corporatist system we now see today.
O’Bryan says when the UK became part of the European Union in 1972 the Queen became an EU citizen, and this was without the consent of the Commonwealth of Australia. The UK “let Australia go” and that was why the Queen signed the top of the front page of The Australia Act 1986 as “Elizabeth R”.
By this time Whitlam had removed the word “Commonwealth” from all government legislation and stripped the Queen of her full Constitutional title including the words “Queen of the United Kingdom and Ireland, Defender of the Faith” into the “Queen of Australia”, under the guise of making the system “more Australian”. “It’s a parliamentary-created monarch and that’s not the prescription the Constitution allows,” O’Bryan said in a recent video. “The signing of that document (The Australia Act) has no legal effect. It’s still waiting for assent.”
Dec 23, 2016
Western Australian Independent Senator, Rodney Culleton has clarified today’s court orders in light of another misinformed attack from Pauline Hanson.
“I have successfully been awarded a stay against the court order for 21 days, therefore my staff and I will continue to serve the people of Western Australia in my continued capacity as a Senator,” Senator Culleton said.
“This has been confirmed with two senior legal opinions. I will address the alleged primary judgement which the unforeseen High Court referral has diverted my attention from.”
“I will allege that at today’s court appearance, Federal Court Judge Barker ignored all the affidavits of service and again failed to allow me due process, instead pushing through without referral to these important statements of fact.”
Judge Barker’s claim today that his court on Monday was conducted in a very orderly manner flies in the face of his contradictory comments on Monday, in which he referred to his court as ‘a circus’.
“This has been a major miscarriage of justice,” Senator Culleton said.
“This, and other cases I’ve been involved in (Greg Kenney) goes to show how the courts and judges need a major overhaul and more accountability.”
“To paraphrase Judge Barker’s own retort, ‘No one is above the law’…and that includes the judiciary, who must also operate within the boundaries of procedural fairness and due process. They are not exempt.”
Senator’s lawyers stated on affidavit, “I have received substantial payment into my Trust Account on behalf of Mr Culleton which I am instructed can be used to pay his creditors”.
“Judge Barker however, ignored that statement and allegedly his responsibilities in this instance, he didn’t even ask for the value of my assets,” Senator Culleton said
“How can he claim such an order, without accepting all admissions of fact?”
“Dick Lester has never wanted to settle in currency, he wants the intellectual property from my invention. This was confirmed yesterday by his lawyers,” Senator Culleton stated.
“When judges continuously appear to fail in their duty of care to families and individuals, it vindicates the calls for more accountability through a system of election or appointment for a set period, subject to performance and ability.”
“Judge Barker chose to refuse my right to a jury, my right to be heard without the orchestrated obstruction of two apparent associates or advisors for the plaintiff, in Monday’s hearing and refused to allow me to read my evidence, after allowing the court to proceed in my absence.”
“Judge Barker told me that he was ‘not interested’ in the contents of the two VRO’s produced, an indictment on the claims of government, the courts and law enforcement authorities that a V RO actually protects the victims of violent behaviour.”
“The tragic loss of life in another WA courtroom the following day, is testament to the error in trivialising these court ordered restraining orders.”
A Royal Commission to investigate banks took a step closer after two senators and two Lower House members vowed they would push the Coalition Government into establishing an inquiry as soon as possible.
Bob Katter, One Nation senators Rod Culleton and Malcolm Roberts and the ALP member for Herbert, Cathy O’Toole at a Townsville meeting on Saturday condemned current banking practices.
They agreed that for Australia to survive record bank foreclosures and business failures, the banks had to operate within the law.
Speakers believed the Coalition Government would not take any action to rein in “unlawful” banking practices which had caused multiple suicides, family break-ups and business failures around the nation.
Western Australia One Nation senator Rod Culleton slammed the record number of foreclosures describing how he too had been a victim of “dodgy” banks.
“Banks operate like organised crime,” Senator Culleton said.
“I’ve had a litany of evidence come into my office of receivers sinking the boot into their customers.
“That’s what they think about the lamb chop on their plate; enough is enough.
“The banks seem to think they are above the law because they’re unregulated, we’re going to change that.” He said if banks did not support their customers through thick and thin, he’d support the creation of a sovereign rural bank to assist farmers.
“We’re here to correct things and we’re in support of a sovereign rural bank where the beneficiaries are the people who bank with it,” he said.
“It’s important the public realise if we lose our agriculture and our rural people we will be in strife and we will lose the quality of our food.”
Member for Kennedy Bob Katter told the crowd of 50 farmers, small businessmen and home owners the banks own the Australian Government.
“Banks have the only government guaranteed business in Australia,” Mr Katter said.
“We only need one vote to get the royal commission but in 16 years no member has ever crossed the floor in Federal Parliament when it comes to banks.”
“My office has details of nearly 100 cases of banking malpractice that has ruined businesses and families.”
Supporting the One Nation senators and Mr Katter was Member for Herbert Cathy O’Toole saying she too had banking industry misbehaviour in her sights.
“We need Australians to believe they can have confidence in the banks and financial institutions that serve us,” she said.
“And we aren’t even measuring the holistic cost to the people affected in our communities.
“The first place you’d want to have a look at the additional costs is in healthcare, people’s physical, mental and emotional health has been destroyed; families have been destroyed and suicides are occurring.
“All these things have a huge impact on the social structure of community in addition to the financial impact.”
Burdekin-district sugar industry advocate Margaret Menzell agreed a royal commission was needed but warned the meeting the Australian Banking Association was gearing up for a massive publicity blitz to ward off the establishment of an inquiry.
Nine resolutions were passed by the meeting calling for the establishment of a royal commission, abolition of the arbitrary appointment of receivers by anyone, condemning the actions of government in allowing banks to act with impunity, creation of a development bank for primary and secondary industries and infrastructure, the role of police is to protect the public and then property and forbid the use of police to reinforce property repossessions, restore a grand jury system to deter corporations from engaging in unconscionable and unlawful conduct and restore compliance with Chapter 3 of the Commonwealth Constitution, property to be found disposed of unethically must be restored, the terms of reference include an investigation of the creation of credit by trading banks, a moratorium be immediately imposed on forced property sales.
All resolutions passed unanimously.