DOCSLIB.ORG

[2017] Wasc 161

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
[2017] Wasc 161 [2017] WASC 161 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS CITATION : DEPUTY COMMISSIONER OF TAXATION -v- CASLEY [2017] WASC 161 CORAM : LE MIERE J HEARD : 1 JUNE 2017 DELIVERED : 16 JUNE 2017 FILE NO/S : CIV 3132 of 2016 BETWEEN : DEPUTY COMMISSIONER OF TAXATION Plaintiff AND LEONARD GEORGE CASLEY Defendant FILE NO/S : CIV 1603 of 2017 BETWEEN : DEPUTY COMMISSIONER OF TAXATION Plaintiff AND ARTHUR WAYNE CASLEY Defendant Catchwords: Practice and procedure - Summary judgment - Application for summary judgment brought by plaintiff - Whether summary judgment ought to be entered - Whether jurisdiction to hear claim - Turns on own facts Document Name: WASC\CIV\2017WASC0161.doc (AH) Page 1 [2017] WASC 161 Practice and procedure - Application to set aside writ of summons - Turns on own facts Legislation: Commonwealth of Australia Constitution Act 1900 (Imp) Constitution (Cth), s 116 Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth), s 5-15 Judiciary Act 1903 (Cth), s 40 Taxation Administration Act 1953 (Cth), pt IVC, pt 11A, sch 1 s 350-101, sch 1 s 255-45, s 8AAZF Result: Application for summary judgment granted Application to set aside writ of summons dismissed Category: B Document Name: WASC\CIV\2017WASC0161.doc (AH) Page 2 [2017] WASC 161 Representation: CIV 3132 of 2016 Counsel: Plaintiff : Mr A J Musikanth Defendant : In person Solicitors: Plaintiff : Australian Government Solicitor Defendant : In person CIV 1603 of 2017 Counsel: Plaintiff : Mr A J Musikanth Defendant : In person Solicitors: Plaintiff : Australian Government Solicitor Defendant : In person Case(s) referred to in judgment(s): Bell Group NV (in liq) v Western Australia (2016) 331 ALR 408 Federal Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146 Document Name: WASC\CIV\2017WASC0161.doc (AH) Page 3 [2017] WASC 161 LE MIERE J LE MIERE J: Summary 1 In CIV 3132 of 2016 the plaintiff, the Deputy Commissioner of Taxation, claims against the defendant, Leonard Casley for debts due and payable for income tax, interest and penalties in respect of the income years ended 30 June 2006 to 30 June 2013. Leonard Casley has entered a conditional appearance and applied for an order that the writ of summons be set aside 'for reasons of jurisdiction'. The Deputy Commissioner has applied for summary judgment. 2 In CIV 1603 of 2017 the Deputy Commissioner claims against Arthur Casley for debts due and payable for income tax, interest and penalties in respect of the income years ended 30 June 2006 to 30 June 2012. Arthur Casley has applied for an order that the writ of summons be set aside on the ground that the court does not have jurisdiction to hear the claims. The Deputy Commissioner has applied for summary judgment. 3 In each action the Deputy Commissioner's claim arises in consequence of the Deputy Commissioner issuing notices of assessment and notices of amended assessment to the defendant. Production of a notice of assessment, or an amended assessment, is conclusive evidence that the assessment was properly made and, excepting proceedings under pt IVC of the Taxation Administration Act 1953 (Cth) (TAA) on a review or appeal, that the amounts and particulars of the assessment are correct. Further, a certificate issued under s 255-45 of Schedule 1 to the TAA is prima facie evidence of the matter stated in the certificate. In CIV 3132 of 2016 the Deputy Commissioner has issued a certificate that $2,770,177.63 is due and owing by Leonard Casley at the date of the hearing. In CIV 1603 of 2017 the Deputy Commissioner has issued a certificate that $242,669.53 is due and owing by Arthur Casley at the date of hearing. 4 Each of the defendants has stated that the amounts set out in each notice of assessment, amended assessment and certificate is incorrect and the amounts stated are not due and owing. However, neither defendant has adduced any evidence in support of that contention. 5 Each of the defendants has filed an affidavit and written submissions and made oral submissions to the effect that the court does not have jurisdiction over the defendant or to hear the matter because they are the sovereign of, or citizen of, the Hutt River Province which is an independent sovereign state. That argument has no legal merit or Document Name: WASC\CIV\2017WASC0161.doc (AH) Page 4 [2017] WASC 161 LE MIERE J substance. Anyone can declare themselves a sovereign in their own home but they cannot ignore the laws of Australia or not pay tax. 6 Each of the defendants advances the pseudo legal straw man argument. The straw man argument has no legal merit or substance. Leonard Casley advances an argument based on the Hutt River Province being the political and financial branch of the church of Nian. That argument has no legal merit or substance. The defendants have made other assertions in their affidavits and submissions which are irrelevant and raise no defence to the claims against them. In each action the defendant has no defence to the claims by the Deputy Commissioner. In each action judgment will be entered in favour of the Deputy Commissioner against each defendant. Notices of assessment - conclusive evidence 7 As I have said, the Deputy Commissioner's claim arises from the Deputy Commissioner issuing notices of assessment and notices of amended assessment to each of the defendants. Production of a notice of assessment, or an amended assessment under a taxation law, that is an act of which the Commissioner of Taxation has the general administration, is conclusive evidence that the assessment was properly made and, excepting proceedings under pt IVC of the TAA on a review or appeal, that the amounts and particulars of the assessment are correct: TAA Schedule 1, s 350-10(1) (item 2 of the table). The effect of s 350-10 of Schedule 1 to the TAA is to confine the taxpayer to pt IVC in challenging the amount or particulars of the assessment: Federal Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146 [64] - [67] where the High Court concluded that s 177 of the Income Tax Assessment Act 1936 (Cth), the predecessor of TAA s 350-10, operates as a limitation upon the evidence which may be received in proceedings other than those under pt IVC of the TAA. See also Bell Group NV (in liq) v Western Australia (2016) 331 ALR 408 where the plurality, referring to both s 177 of the ITAA 1936 and s 350-10 of the TAA, confirmed that the legal operation and practical effect of the Tax Acts is such that the production of a notice of assessment is conclusive evidence of the due making of the assessment of a taxation liability and, excepting proceedings under pt IVC of the TAA, that the amount and all the particulars of the assessment are correct [54]. 8 A copy of each relevant notice of assessment and amended assessment relied upon by the Deputy Commissioner in each action has been adduced in evidence by the Deputy Commissioner. In so far as the Document Name: WASC\CIV\2017WASC0161.doc (AH) Page 5 [2017] WASC 161 LE MIERE J Deputy Commissioner's claims relate to a RBA deficit debt relating to a Running Balance Account (RBA) the production of an RBA statement is prima facie evidence that the RBA was duly kept and the amounts and particulars in the statement are correct: TAA s 8AAZI. 9 Section 255-45 of Schedule 1 to the TAA provides that a certificate issued under that section is prima facie evidence of the matters stated in the certificate. At the hearing of these matters the Deputy Commissioner produced certificates pursuant to s 255-45 certifying that a total of $2,770,177.63 was as at 30 May 2017 due and payable by Leonard Casley to the Commonwealth and a certificate pursuant to s 255-45 certifying that a total sum of $242,669.53 was as 1 June 2017 a debt due and payable by Arthur Casley to the Commonwealth. 10 The Deputy Commissioner has established his entitlement to be paid the sums set out in the certificates. The defendants have not adduced any evidence that the debts claimed in these proceedings are not correct. The jurisdiction argument - secession 11 Each of the defendants asserts that the court has no jurisdiction over them or no jurisdiction to hear these claims. In essence, they say that the land on which they reside is part of the Principality of Hutt River which seceded from Australia and is no longer part of Australia, that they are the sovereign or a citizen of Hutt River, a sovereign independent state, they are not residents of Australia, the laws of Australia and in particular the taxation laws do not apply to them and this court has no jurisdiction over them. 12 In 1970 Leonard Casley was a wheat farmer. He was aggrieved by the wheat quotas allocated to his business. He served a notice of secession on the Western Australian Premier, the Governor, the Prime Minister and the Governor General. He also notified the Queen. Since then he has taken other steps which he believes are the acts of an independent sovereign state including declaring war on Australia. He is convinced that, in taking these steps, he succeeded in separating Hutt River from Australia. 13 Covering cl 5 of the Commonwealth of Australia Constitution Act 1900 (Imp) (Constitution Act) relevantly provides: This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and every part of the Commonwealth, notwithstanding anything in the laws of any State … Document Name: WASC\CIV\2017WASC0161.doc (AH) Page 6 [2017] WASC 161 LE MIERE J This court is bound by and to give effect to the Constitution Act and to any law made by the Parliament of the Commonwealth under the Constitution, including the TAA.
Load more

Recommended publications
  • Malgranda „Spitŝtato“ Sur La Teritorio De Okcidenta Aŭstralio
    Numero 41 k Jaro 2019 DULINGVA MAGAZINO ELDONATA EN VIENO 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Malgranda „spitŝtato“ sur la teritorio de Okcidenta Aŭstralio s m s Numero 41 • Jaro 2019 Redaktejo - eldonejo - presejo: Rudolfinergasse 8/11, 1190 Vieno, Aŭstrio, Eŭropa Unio La paperan version ricevas donace Aŭstria Nacia Biblioteko, Vieno, Aŭstrio; aliaj bibliotekoj post peto. Podofo senpaga. Tekstoj kaj fotoj: Josef Kříž, Ĉeĥa Respubliko Unverkäufliche, private Ausgabe – Nevendebla, privata eldono s m s 2020 estas Julia Isbrücker-Jaro https://eo.wikipedia.org/wiki/Julia_C._Isbr%C3%BCcker s m s 2 Malgranda „spitŝtato“ sur la teritorio de Okcidenta Aŭstralio Helpe de publike alireblaj informoj, precipe en vikipedio, kaj propra arĥivo kompilis Josef Kříž, Ĉeĥa Respubliko, [email protected]. Pliaj detaloj rete: Hutt River Principality Okcidentaŭstralia farmisto Leonard George Casley, posedanto de tieaj terenoj, kies areo estas 7486 hektaroj, neobeis en 1970 ordonon de la aŭstralia registaro malgrandigi la areon por kulturi tritikon sur la teritorio de Hutt River, norde de la urbo Geraldton. Li konsideris tiun ĉi ordonon reprezalia dispono, kiu likvidos lian agrikulturan entreprenadon. Tial li kontraŭstare deklaris la 21an de aprilo 1970 la sendependecon de siaj terspacoj je Aŭstralio. Li argumentis, ke la administrado ne plenumis siajn promesojn kaj ankaŭ ke iamaj malkovrintoj de Okcidenta Aŭstralio neniam deklaris tiun ĉi teritorion havaĵo de „brita krono“. La aŭstralia registaro neniel reagis je establo de la nova ŝtato, kaj post du jaroj Casley oficialigis ĝian memstarecon, konsiderinte ĝin el sia vidpunkto valida. Casley samtempe prezentis sin mem kiel „princo“ kaj deklaris sian latifundion (farmbienon)principality (princolando).
    [Show full text]
  • The Principality of Hutt River
    THE PRINCIPALITY OF HUTT RIVER A Territory Marooned in the Western Australian Outback [ReceiveD November 3rD 2017; accepteD January 15th 2018 – DOI: 10.21463/shima.12.1.13] Vicente Bicudo de Castro <[email protected]> Deakin University Ralph Kober <[email protected]> Monash University ABSTRACT: This article recounts the story of Hutt River Province, later establisheD as the Principality of Hutt River (PHR), unDer the administration of LeonarD George Casley (1970-2017). We highlight the international relations of the principality, its reliance on tourism, anD its relationship with Australian taxation authorities. Casley createD his own principality within the Western Australian outback anD glaDly marooneD himself in his very own creation. We thus extenD the notion of aislamiento to remote geographically isolateD environments, illustrating the deeply social anD political nature of aislamiento. KEYWORDS: Aislamiento, Hutt River Province, IslanDness, Micronations, Western Australia. Introduction No man is an island Entire of itself Every man is a piece of the continent (John Donne, 1624) While Donne noteD that no man is an islanD, in this article we explore whether a man can create a (virtual) islanD anD remove himself from his surrounDing continent. This article recounts the story of Hutt River Province, later establisheD as the Principality of Hutt River (PHR), unDer the administration of LeonarD George Casley. The objective of this article is to proviDe a concise recorD of the creation of the principality in 1970, anD what has happeneD since its inception until Casley abDicateD in favour of his youngest son in 2017. Using the concept of aislamiento, a Spanish term that extenDs the notional of geographical islanDness to that of socio-psychological isolation (AnDersen, 2016: 33)(AnDerson, 2016: 33), the principality is portrayeD as a place marooneD in the Western Australian outback, desiring to become isolateD from the Australian Commonwealth.
    [Show full text]
  • Filatelicfiesta.Org Ron Yamagami Socorico Goings
    Whole number 206 June 2014 Ron Yamagami Goings On… t was great to see Ron at the meeting t was good to see Dave Gilman at the I of May 6. He looked really very well, I meeting of May 20th, looking none however, carries a mask to wear if anyone the worse for wear after his health ordeal has a cold—seems his immune system causing, among other things, some 15 is in a susceptible state. days in hospital. Welcome back Dave An interesting point, kidney transplant and don’t do that anymore… 9 - 11—WE WILL NEVER FORGET may be a misnomer in many cases as Our slideshow Guru extraordinaire, 2015 Club Officers doctors usually just implant the new James Steinwinder, is presently undergoing President kidney if the existing one is not infected chemo for cancer—sad and disturbing in any way—I was not aware of that. In news Jim. We offer prayers and hope Brian Jones. 408.927.6861 [email protected] any event implant/transplant procedures for the very best of outcomes. Today’s Vice President are truly amazing events. procedures have come a long ways and David Occhipinti . 408.723.0122 Ron will have to deal with side affects we can expect success, however, it is a and report to the hospital from time-to-time long and difficult ordeal for the subject. Secretary for the rest of his life, however that sure In the meantime thoughts of cheer, hope David Gilman . .408.264.1953 [email protected] beats the alternative. and encouragement may be appreciated.
    [Show full text]
  • The Past and Other Countries
    Vol. 4 No. 2 March 1994 $5.00 The past and other countries South Africa looks forward to democracy: Tammy Mbengo and Maryanne Sweeney Western Australia looks back to separate development: Mark Skulley Stephen Gaukroger and Keith Campbell chase John Carroll through the ruins of Western civilisation Paul Barry chases Conrad Black through the corridors of power Deborah Zion juggles Jewish tradition and the ordination of women rabbis Elaine Lindsay flies to the moon with a post-Christian feminist Ray Cassin watches moral theology try to stay down to earth H.A.Willis is in pain, and asks when it will end In 1993, Eureka Street photographer Emmanuel Santos went to Europe to visit the Nazi death camps. His cover photograph shows David Dann in Majdanek, confronting a past that destroyed his family. On this page Santos catches part of Europe's present: Catholic youth in Warsaw preparing for an anti-Semitic demonstration during the commemoration of the Warsaw ghetto uprising. The young men claim that Poland should be for the Poles: no Jews, no Russians, no Germans, no immigrants. Volume 4 Number 2 EURI:-KA SJRI:-Er March 1994 A magazine of public affairs, the arts and theology CoNTENTS 4 28 COMMENT ONTHERACK H. A Willis explores the world of 6 the chronic pain sufferer. LETTERS 33 8 QUIXOTE CAPITAL LETTER 34 10 BOOKS STRIFE ON THE WESTERN FRONT Stephen Gaukroger and Keith Campbell Mark Skulley reports on the lingering sen­ take issue with John Carroll's Humanism: timent for secession in Western Australia. The Wrecl{ of Western Culture; Paul Barry sums up Conrad Black's A Life In Progress 14 (p38); Max Teichmann reviews Gore Vidal's SOLDIER'S STORY United States Essays 1952- 1992 (p40).
    [Show full text]
  • A Libertarian Primer for Future Leaders of Western Australia Ii
    Copyright © 2014 Mannkal Economic Education Foundation All rights reserved First published 2014 Mannkal Economic Education Foundation Hayek on Hood 3/31 Hood Street Subiaco, Western Australia Phone: +61 8 9382 1288 Email: [email protected] Website: www.mannkal.org First Published April 2014 Second Edition July 2014 Artwork on front and back cover by Alex Locke Editorial and research assistance provided by Tait Marston A Libertarian Primer for Future Leaders of Western Australia ii A Libertarian Primer for Future Leaders of Western Australia iii Dedication Learning about liberty occurs either in practice or theory. This can happen from living under an oppressive government or reading accounts of the struggle against tyranny. In Western Australia, where we are still relatively free, many young (and now not so young) students have been introduced to the idea of liberty by Ron Manners and the Mannkal Economic Education Foundation. By investing in student experiences, Mannkal has opened a window, often firmly closed at university, to a different way of looking at the world. Eschewing grander projects to immortalise his name, Ron prefers to keep himself out of the limelight – recognition and plaques are unimportant. Rather, what matters most is what students do and how they employ their knowledge after returning from a Mannkal internship or conference. As of mid-2014, there have been over 600 Mannkal interns who are beginning to undertake positions of responsibility. There are big expectations for these and the next 600. All of those who have contributed to this publication are either previous Mannkal interns or colleagues from some point in Ron’s life.
    [Show full text]
  • 118 (ASSEMBLY.] We Are Not Alone in This Predicament and a Short Time
    Ila 118(ASSEMBLY.] We are not alone In this predicament and a short time ago Sir Charles Court met with his fellow Premiers in Melbourne to consider a further approach to the Wednesday, the 31st July, 1974 Prime Minister seeking reconsideration of his earlier decision. The SPEAKER (Mr Hutchinson) took It is hoped that a meeting can be ar- the Chair at 4.30 p.m., and read prayers. ranged for early next month so that the Commonwealth can be informed of action already taken by the States to raise addi- QUESTIONS (35): ON NOTICE tional revenue and of the revenue gap still 1. STATE INFORMATION SERVICE confronting us in the light of recent wage increases. Centralisation an~d Cost At the same time, we propose to discuss Mr 3. T. TONKIN, to the Premier: the serious inflation problem which has (1) What was the cost of the special now assumed the character of a national report to the State Government emergency and will offer to co-operate with commissioned and compiled by the Commonwealth on agreed steps to W. W. Mitchell and Associates check the spiral. relating to a proposal for the establishment of a State Informa- I am hopeful that the meeting will be tion service reported to involve an able to reach agreement on measures that expenditure exceeding $1 million? can be taken by all Governments in a con- (2) Does the plan recommended which certed attack on an evil that is endanger- provides for the centralisation of ig the whole fabric of the nation's econ- the information service in the omy.
    [Show full text]
  • Press Kit HTSYOC 090610.Pdf
    WhatWhat makesmakes a countrycountry aa country?country? What makes a state a state? WhatA makesnation a astate nation? a state? And what’s to stop you from A nation a nation? starting your own? And what’s to stop you fromIn a globe-hopping starting your search own? for an answer to these fundamentalIn a globe-hopping but search little for an answer to these understood questions of fundamental but little understood sovereignty, How To Start questions of sovereignty, YourHow ToOwn Start Country Your Own visits Country six micronationsvisits six micronations – unrecognized – You can have one too... self-declaredunrecognized self-declared sovereign entitiessovereign that entities you that will you not willfind not on find a politicalon a political map. map. A documentary OR|G|NAL PRODUCT|ON documentaryHowPRESENTS to Start Your Own Country Jody Shapiro DIRECTI ON Denis Seguin with Jody Shapiro WRITING Phyllis Laing and Jody Shapiro PRODUCTION Denis Seguin CO-PRODUCTION John Gurdebeke Robert Swartz DIRECTOR OF PHOTOGRAPHY EDITOR David Rose, David McCallum, Stephan Carrier SOUND DESIGN Howie Beck Bruce Cowley ORIGINAL MUSIC CREATIVE HEAD, documentary a Buffalo Gal Pictures / Everyday Pictures production<<<<<<<<<<<<<<<<<<<<<< produced with the participation of the Canadian Television Fund and with the assistance of the Canadian Film and Video Tax Credit, Ontario Film and Television Tax Credit, Manitoba Film and Video Production Tax Credit, and the Canadian Independent Film and Video Fund<<<<<<<<<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Prince Leonard of Hutt River Principality >>>>>>>>>> HUTT RIVER PRINCIPALITY The second-largest country on the continent of Australia, the Hutt River Province is a sovereign territory established more than 40 years ago. That was when Leonard Casley, a farmer and property manager, took issue with the tariff imposed on his wheat farm in Western Australia.
    [Show full text]
  • The Three Spheres of Government in Australia. Civics and Citizenship Learning Circle Kit
    DOCUMENT RESUME ED 473 178 CE 084 397 AUTHOR Gow, Neil TITLE The Three Spheres of Government in Australia. Civics and Citizenship Learning Circle Kit. INSTITUTION Adult Learning Australia, Inc., Jamison. SPONS AGENCY Australian Dept. of Employment, Education, Training and Youth Affairs, Canberra. REPORT NO No-2 ISBN ISBN-0-949145-20-3 PUB DATE 2001-00-00 NOTE 115p.; This version printed from the CD-ROM and consists of the session notes only. For Kit 1, see CE 084 396. Funded under the Discovering Democracy programme. AVAILABLE FROM Adult Learning Australia, PO Box 308, Jamison Centre, ACT 2614 (Kit: $27 Australian; CD-ROM: $10 Australian). E-mail: [email protected]; Web site: http://www.ala.asn.au. PUB TYPE Guides Classroom Teacher (052) EDRS PRICE EDRS Price MF01/PC05 Plus Postage. DESCRIPTORS Adult Education; Citizenship; *Citizenship Education; Civics; Democracy; Developed Nations; *Federal Government; Federal State Relationship; *Federalism; Foreign Countries; Futures (of Society); Governance; *Government Role; Governmental Structure; Instructional Materials; Learning Activities; *Local Government; *State Government; States Powers IDENTIFIERS *Australia; Learning Circles ABSTRACT This kit, the second of four learning circles on civics and citizenship, explores Australia's federal system of government and the three spheres of government. Introductory materials include lists of 53 print resources, 47 Internet sites, and 7 videos and CDs; and a glossary. Session guides are provided for six sessions: The Three Spheres of Government; Local
    [Show full text]
  • Cultureshock!. Australia
    CultureShock! A Survival Guide to Customs and Etiquette Australia Ilsa Sharp cs! australia.indd 1 6/23/09 9:56:34 AM CultureShock! A Survival Guide to Customs and Etiquette Australia Ilsa Sharp CS-00-Australia.indd i 6/22/09 2:01:17 PM This 7th edition published in 2009 by: Marshall Cavendish Corporation 99 White Plains Road Tarrytown NY 10591-9001 www.marshallcavendish.us First published in 1992 by Times Editions Pte Ltd, reprinted 1993; 2nd edition published in 1994, reprinted 1995 (thrice), 1996; 3rd edition published in 1997, reprinted 1997, 1998, 1999 (twice); 4th edition published in 2000, reprinted 2000; 5th edition published in 2001, reprinted 2002, 2003 (twice), 2004; 6th edition published in 2005. © 2009 Ilsa Sharp All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. Request for permission should be addressed to the Publisher, Marshall Cavendish International (Asia) Private Limited, 1 New Industrial Road, Singapore 536196. Tel: (65) 6213 9300, fax: (65) 6285 4871. E-mail: [email protected] The publisher makes no representation or warranties with respect to the contents of this book, and specifi cally disclaims any implied warranties or merchantability or fi tness for any particular purpose, and shall in no events be liable for any loss of profi t or any other commercial damage, including but not limited to special, incidental, consequential, or other damages. Other Marshall Cavendish Offi ces: Marshall Cavendish International (Asia) Pte Ltd.
    [Show full text]
  • Judicial Factors Effecting the Legality of The
    HUTT RIVER PROVINCE (PRINCIPALITY of HUTT RIVER “PHR”) JUDICIAL FACTORS EFFECTING THE LEGALITY OF SECESSION 1. The West Australian Government in November 1969 applied an unlawful imposition upon all the Wheat Farmers in Western Australia. That is, they applied quotas, (a restriction on the quantity of wheat which each farmer could sell), farmers could grow as much as they liked, but they were restricted on the amount which could be sold. But the West Australian Government did not have, at that time, any Government Legislation authorising such an imposition. It was therefore an unlawful imposition upon people who were peacefully going about their lawful business of production and sales. 2. The West Australian Government did however have a Bill before Parliament which was the proposed legislation to authorise the wheat quotas. Two clauses in that Bill were very disturbing. a) No appeals would be allowed, b) No compensation would be considered 3. The wheat quotas were intended and in general, brought out to effect a 10% reduction in growers sales when compared with the growers previous year’s figure; - i.e. if the previous year saw 2000 acres cropped and sold by a farmer, then the following year’s quota would be 1800 acres, a reduction by 10% of past sales. 4. The Casley’s had for the previous twenty years, produced and sold annually, 6000 acres of wheat. The quota they received in November, when the crops were ready to harvest, equalled 100 acres! Page 1 of 8 HUTT RIVER PROVINCE (PRINCIPALITY of HUTT RIVER “PHR”) JUDICIAL FACTORS EFFECTING THE LEGALITY OF SECESSION 5.
    [Show full text]
  • 9 April 1975
    656 (ASSEMBLY.] 2. SEWERAGE Swan View Mr MOILER, to the Minister for Water Wednesday, the 9th April, 1975 Supplies: (1) Is It Intended to extend the sewer- The SPEAKER (Mr Hutchinson) took age system at present installed the Chair at 4.30 p.m., and read prayers. in Swan View, into the areas of Kingsfield Avenue, Chartwell BILLS (8): MESSAGES Way, Churchill Drive and Bladon Appropriations Way, in the near future? (2) If "Yes" would he outline the Messages from the Governor received proposed works and timetabling and read recommending appropriations for for the work? the Purposes of the following Bills- (3) If "No" to (1) will he study the 1. Wesply (Dardanup) Agreement Auth- need for sewerage installation in orization Bill. the areas mentioned, and indicate 2. Fruit-growing Reconstruction Scheme when such work may be antici- Act Amendment Bill. pated? 3. Registration of Identity of Persons Mr O'NEIL replied: Bill. (1) No. 4. Education Act Amendment Bill. (2) Not applicable. 5. Factories and Shops Act Amendment (3) Yes. No firm date can be given Bill, for construction of this work as 6. Parliamentary Salaries and Allow- It will be controlled by availability ances Act Amendment Bill. of funds and the priorities of Messages from the Lieutenant-Governor other works. and Administrator received and read re- commending appropriations for the pur- 3. INDUSTRIAL DEVELOPMENT poses of the following Bills- Export of Hardwood 7. Superannation and Family Benefits Mr FLETCHER, to the Minister for Act Amendment Bill. Industrial Development: 8. Salaries and Allowances Tribunal Bill (1) Is he aware of comment on page (2nd).
    [Show full text]
  • Maverick Litigants.Indb
    Maverick Litigants Maverick Litigants A History of Vexatious Litigants in Australia 1930–2008 Simon Smith Maverick Publications 2009 Published in Melbourne by Maverick Publications ABN 91374120334 13 Scott Street Elwood, Victoria 3184 Australia T: 03 9531 5278 E: [email protected] Copyright © Simon Smith 2009 All rights reserved. Without limiting the rights under copyright above, no part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying or otherwise) without the prior permission of the publisher. While every effort has been made to trace copyright in photos, copyright owners who have not been acknowledged should contact the publisher. National Library of Australia Cataloguing-in-Publication entry Smith, Simon. Maverick Litigants: a history of vexatious litigants in Australia 1930–2008 / Simon Smith. 1st ed. ISBN 978 0646514642 (pbk). Includes index. Bibliography. Actions and defences — Australia — History. Civil procedure — Australia — History. Pro se representation — Australia — History. Frivolous suits (Civil procedure) — Australia — History. 347.9405 Edited and indexed by Sandra McCullough, Kyneton Typeset by Last Word, Melbourne Printed and bound by BPA Print Group Pty Ltd, Burwood, Victoria, 3125 Australia Cover: Supreme Court building, corner of William and Little Bourke Streets, Melbourne. Melbourne Truth 1931. Courtesy State Library of Victoria. Design by Dominique Hanlon, Motion Advertising and Design Pty
    [Show full text]