The Death of Andrews Government and Governor Dessau 20200820 - Indexed
The Death of Andrews Government and Governor Dessau 20200820 - Indexed
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The Royal Coat of Arms at the Supreme Court of Vic (Inc.) is invalid 35-36
Year 2017, Year 2016 (Jill Hennessy, Karen Cusack, Michael Gorton) 36
Health Complaints Act, 2016 (Vic) does not exist at law.
Year 2015; Governor Linda M Dessau inauguration. 37
Court Services of Victoria (Incorporated) Exhibit
Supreme Court (Inc). - Exhibit 38
Count Services Victoria incorporated 21/2/14 by State Attorney General, Hon Robert Clark MP 38
Year 2014; Court Services Act, 2014 (Vic) has no Royal Assent and is invalid
Year 2006; Charter of Human Rights and Responsibilities Act, 2006 (Vic) is passed 39
Year 2005 – Imperial Acts Application Act, 1922 (Vic) 40
Year 2004 – WA votes to retain Monarchy in 99, yet she was deleted and replaced by the State Attorney
General, James McGinty and Governor Sanderson.
Year 2002 – International Criminal Court Act, 2002 was created and details of lawsuit under the ICC.
2001 – Corporations Act, 2001 Does Not Exist at Law
Year 2000 – State Attorney General Robert Hulls repeals the Oath of Allegiance under the Legal Practices 41
Act, 1996 (Vic). Leaving all lawyers, solicitors and barristers, Queen’s Counsel, Magistrates, Judges and
Justices registered after 5/9/00 NULL and VOID.
Year 1999 – High Court Case Sue Vs Hill followed by the referendum
Year 1996 – Legal Practices Act, 1996 (Vic) Not Valid. 42
Year 1995 – Criminal Code Act, 1995 (Cth), breached by Andrews Government with illegal repossession of
property. Magistrates Court Act, 1989 (Vic) is invalid.
Year 1993 – Local Government Act, 1993 (NSW) is invalid
Year 1989 – Local Government Act, 1989 (Vic) is invalid 43
Year 1985 – The Australia (Acts) Request Act, 1985 (Vic) is invalid
Year 1980 – No Australia Law can interfere or interrupt the UN Treaties and ICCPR
FOI – Vienna Convention on the Law of Treaties and the International Covenant on Civil and Political 44-47
Rights. Exhibit
Year 1975 – Constitution Act, 1975 has no valid Royal Assent 47
Year 1974 – Disgraced Whitlam Government was sacked.
Year 1958 – Supreme Court Act, 1958 (Vic), sections 14 and 15 affects the Bill of Rights 1688 (Imp) and
Act of Settlement, 1700 (Imp) and the Queens Bench and the Common Pleas and Exchequer at
Westminster.
Year 1958 Cont. – The Crimes Act, 1958 (Vic) did receive Royal Assent yet Victoria Police cannot rely upon 48
this Act because they are a corporation.
Year 1942 – Chief Justice Latham of the High Court of Australia declares that excess power is not and
never can be a law. See direct quote.
Year 1922 – Imperial Acts Application Act, 1922 (Vic).
The Oath of Allegiance has been illegally and unlawfully removed, from the Legal Practices Act, 1996 (Vic)
by R Hulls.
Year 1900 – Commonwealth Constitution, 1900 (Cth) 49
Year 1855 – Constitution Act, 1855 (Imp). No Governor Exists in the State of Victoria (Inc)
FOI – Dan Andrews stated that he recommended Linda Dessau to ‘Her Majesty, the Queen’ however 50
has failed to provide any proof under FOI legislation, breaching the Crimes Act, 1958 (maximum Ten
years Imprisonment Term). Dan Andrews must resign or be removed from office for inexcusable
failures in managing the virus outbreak.
Dan Andrews must be removed or sacked from public office 51
Farewell Speech of the Honourable Mr Justice William Frederick Ormiston – Exhibit 52-55
Noting on this exhibit (speech document) see pages marked 38 and 39 – Business Unit 19 (Supreme
Court).
3
This is now a gross undermining of our Democratic rights, our Human Rights and our
Rights, under the Commonwealth Constitution Act 1900 (Cth). Our country, our
fathers, forefathers, mothers and foremothers who fought for our freedom and our
Flag built on Christian values and Love and hard work has been stolen by an
illegitimate Government that has NO VESTED POWER and NO LAW under the
caretaker Governor.
The new Governor was inaugurated under this foreign logo and witnessed by Marilyn
Warren, (QC) a Queens Counsel who has sworn her Oath of Allegiance to the
Constitutional Monarchy. This now invalidates her Governorship and both Linda
Dessau & Marilyn Warren need to resign.
Marilyn Warren in her position as Chief Justice of Victoria, is now untenable and
forms the basis of a Constitutional Crisis.
The Chief Justice has brought the Supreme Court into disrepute along with the
President Chris Maxwell (QC) Queens Counsel, who must resign because of this
Constitutional Crisis.
The Coup d’ Etat / or the illegal takeover of this state to create a Republic is now
revealed and the Commonwealth Constitution, 1900 (Cth) is our foundation law and
Right. This must be reinstated in the fore offices of the people mentioned above.
Namely, Linda Dessau, Daniel Andrews, Jill Hennessy, & Marilyn Warren (QC) Queens
Counsel, all whom have openly worked in defiance of the Commonwealth Constitution
Act, 1900 (Cth).
4
The Commonwealth Constitution, 1900 (Cth) is binding on all the courts, judges and
people of every State and every part of the Commonwealth and the breaches of this
requirement have now been given as notice and knowledge to the elector both on and
off line. The electors of the State of Victoria have now been informed.
Please read, research and publish the Facts of the alleged Crimes which have been
committed by our Politicians and the illegal operation of the Corporatised Judicial
System under the control of Foreign Banks, which you will find in this document.
The Federal and State Statute Laws have ‘No Vested Power’ and the State Statute
‘Request’ Laws are invalid, owing to the Question of Fact, that the Cain State Labor
Government failed to pass the Australia (Acts) Request Act, 1985 (Vic). This Bill was
purported to have passed into State Law on the 13th November 1985, without the Royal Seal,
or The Royal Assent under the de jure monarch, which now becomes ‘Null and Void’ at law.
The Victorian Constitution ‘Does Not Exist’ at Law without The Royal Assent, which failed to
be lawfully enacted. This Bill therefore, did not pass with any ‘Vested Power and/or
Authority’, from the Victorian Electors in a State Referendum.
The Australia (Acts) Request Act, 1985 (Vic & NSW) both did not achieve a First Reading or
Any Votes Recorded on the Hansards. This then nullifies and voids the ‘Australia Act’, 1986,
which attempted and consequently failed to remove the Constitutional Monarch from all
Federal and State Legislations.
Was the sovereignty of the UK parliament compromised with their entry into the European
Union in 1973 so as to enact a law for the Commonwealth granting the States the full
legislative powers of the United Kingdom Parliament if the UK parliament failed to possess
full power after its inclusion in the EU with the Australia Act being inconsistent with European
law?
The following states (purportedly) passed each Bill for the request of the Australia Act in the
following form -
New South Wales: - Under the Royal Seal
Queensland: - Under the Royal Seal
South Australia: - Under the Royal Seal
Western Australia: - Under the State Seal
Tasmania: - Under the Royal Seal
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All passed on the 13th November 1985 under the ‘Queen of Australia’. Pointing out that this
was four months prior to the passing of the Australia Act, 1986 passed under the ‘Queen of
Australia’ on the 3rd March 1986.
During this period, the then Prime Minister, Robert J.L. Hawke was a ‘Dual – Citizen’ of
Israel and Australia. During which he voted upon the Australia (Bill), 1986 which was
awaiting the British Parliament’s consideration and authorisation with the complementary
Australia Act, 1986 (UK).
Linda M. Dessau sat on the bench as a Judge of the Family Court of Australia from 1995 to
2013. (Public Document)
NOTE: At the time of this document, a Freedom of Information Request was made to the
Premier and Cabinet’s Office, on the 4th Day of June 2020 under State Statute Law, the
‘Freedom of Information Act’, 1982 (Vic) for a certified copy, under and inside the
Commonwealth Constitution Act, 1901 (Cth), and, the State Government Department has
requested an ‘extension of time’, to produce a response, beyond the legislation period of 30
Days, and has been in ‘Default’ of the State Legislation since the 4th July, 2020 .
We clearly stated that this extension was NOT an option and as per the affidavit which
expired on the 11th Day of August 2020 and there still is not a decision, response, or rebuttal.
This has placed the Premier and Cabinet’s office ‘In Default’ of State Legislation. And now
becomes the source of the Constitutional Crisis.
The case can be made that the Premier’s Office cannot provide a ‘Decision’ and the
allegation is made that the communication and recommendation to ‘Her Majesty, The Queen’
Does Not Exist at law.
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Unless the Premier’s ‘Recommendation documents’ can be produced, we allege that
Premier of the State of Victoria (Inc.).
Daniel Andrews MP. has misled and deceived the following parties to: -
o The Electors of Victoria.
o The Hon. Linda M. Dessau Governor.
o Marilyn Warren AC QC, Chief Justice of Victoria.
o Her Majesty Queen Elizabeth II, Queen of the United Kingdom & Northern Ireland,
and the Commonwealth, Her Heirs and Successors.
o The Hon. Anthony Howard QC, (Husband of The Hon. Linda M. Dessau – Governor of
Victoria).
o All present at the Inauguration or the incoming Governor.
Upon Linda M. Dessau receiving this ‘Notice and Knowledge’, “The Death of the Andrews
Government and Governor Dessau”, this now becomes a Question of Fact, that the
Governor of the State of Victoria was inaugurated, under her own words, and it is quoted:-
“I Linda Marion Dessau do solemnly and sincerely affirm that I will well and
truly serve Her Majesty Queen Elizabeth the Second and Her Majesty’s Heirs
and successors in the office of Governor of the State of Victoria and will do
right to all manner of people after the laws and the usages of the State without
fear or favour, affection or ill will”. (Public Speech)
We make the allegation that the seal and or emblem in the hall and on both podiums
facing the audience, and the back wall of the hall, on the day of Linda M. Dessau’s
inauguration was a Freemason Symbol that replaced the only Royal Seal of the
Constitutional Monarch sitting above the canopy and omitted and avoided the flag of the
‘Governor of the State of Victoria’, which was absent and concealed the image of the Royal
Seal of the Constitutional Monarch on the platform or the podiums, to complement and
validate the incoming Governor’s swearing in and lawful inauguration.
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THE FOREIGN SEAL AT THE GOVERNOR’S INAUGURATION:
We state the plaque reads and I quote:
“HONI SOIT QUI MAL Y PENSE”.
Honi soit qui mal y pense:- is a French maxim used as the motto of the British
chivalric Order of the Garter.
This is a foreign statement to the Victorian and Australian Electors and in contravention to
the Constitution of the Commonwealth Act, 1900 (Cth), Marilyn Warren QC has breached
Covering Clause 5 “Operation of the constitution and laws” and it is quoted.
“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; and the laws of the
Commonwealth shall be in force….” (Public Document)
This is our Nation’s birthright and basis in law until Section 128 of the constitution is enacted.
THE HON. LINDA MARION DESSAU MUST NOW FOLLOW THE STEPS OF THE
FORMER AUSTRALIAN GOVERNOR-GENERAL, SIR JOHN KERR AND REMOVE
DANIEL ANDREWS IMMEDIATELY FROM HIS OFFICE FOR HIS NUMEROUS
BREACHES OF THE STATE AND COMMONWEALTH CONSTITUTIONS. FOR THE
FOLLOWING REASONS;
Daniel Andrews said in the inauguration speech (July 2015) that he had recommended
Linda M. Dessau to “Her Majesty, The Queen” (this is a legal fiction and is not her title).
It is alleged, following a ‘Freedom of Information Request’, made to the Premier’s own Office
of Premier and Cabinet, and following a breach under the Freedom of Information Act 1982
Section 21 & 61X, that there may not have been any such written correspondence with Her
Majesty Queen Elizabeth II nor the pretended title of Queen of Australia, nullifying and
voiding the appointment of the Governor of the State of Victoria – ab initio.
Dan Andrews has breached and suspended the Victorian Elector’s Constitutional
Rights under the Commonwealth Constitution Act, 1900 (Cth), at section 51 ss (xxiiiA)
that any man, woman or corporation cannot impose any restrictions, conditions or ‘civil
conscriptions’ upon any non-consenting Victorian under Sections 5, 6 & 10 of the ‘Charter
of Human Rights and Responsibilities Act’, 2006 (Vic). (Public Document)
The allegation is now published, that Premier Daniel Andrews and Jenny Mikakos MP,
Minister for Health and Human Services have misled and deceived Victorians on the
Question of Fact – Trespass, the following bills have failed to pass lawfully into law: -
1. The Health Services Amendments (Mandatory Vaccination of Health Care Workers) Act,
2020 (Vic). (Public Document)
2. The COVID-19 OMNIBUS (Emergency Measures) Act, 2020 (Vic). (Public Document)
3. The Public Health and Wellbeing Act, 2008 (Vic). (Public Document)
4. The Emergency Management Act, 1986. (Public Document)
5. The Emergency Management Act, 2013. (Public Document)
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Minister for Health and Human Services
Jenny Mikakos MP
Which are impacted and disabled by the ‘Question of Fact’ that the ‘Australia (Acts) Request
Act’, 1985 (Vic) was passed under the “Queen of Australia” (a trading name at ASIC) on the
13th November 1985, some four months before the Commonwealth of Australia attempted to
enact the Australia Act, 1986 on the 3rd March 1986 which renders the Australia Act, 1986,
defective, deficient and disabled.
The ‘Queen of Australia’ is currently, at the time of publication, registered by ‘Pecker Maroo
Pty. Ltd.’, active from the 25th June 2000 and registered for GST on the 1st July 2000 under
ABN 93 000 576 492 in the name of Directors: - Stephenie Charlton – Noosaville
Queensland, Stephen John Shanks – Noosaville Queensland and Catherine Kite -Toukley
NSW, confirming the Bills passed by Federal and State Parliaments, are under a corporation,
of the fiction – the ‘Queen of Australia’. (Public Document)
If Linda M. Dessau, does not compel Daniel Andrews to resign with this directive from
the people and Electors of Victoria, this Statement of Fact, Truth and Law proves and
confirms without any question or doubt to all Victorians that she, Linda M. Dessau has
a foreign allegiance, and has misled and deceived the Victorian Electors about her
Allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, as
per – Section 87, 88, 90, 91 & 92 of the ‘Imperial Acts Application Act’, 1922 (Vic).
Commissioner of the Legal Services Board
Fiona McLeay
This was proven by Fiona McLeay, Commissioner of the Legal Services Board of
Victoria, and taken to the Supreme Court of Victoria (Inc.) by Barrister Nicole Papaleo.
A case heard by Justice Gregory Garde (QC) a Queens Council, all the while, all
Victorian Laws were purportedly passed and ‘assented’ under the Corporation Sole: -
“Her Majesty, Queen of Australia”.
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This includes the State Attorney – General, The Hon. Jillian Hennessy MP, who cannot
refute or rebut the said letters and Affidavit from Mr. W.N. who only asked for the authority
under his Constitutional Rights, that the former Attorney – General, Robert Hulls ‘unlawfully’
removed the “Oath of Allegiance” on September 5th 2000 only 10 months after the
Australian Electoral Commission - National Referendum, on the 6th November 1999.
The Oath of Allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and
Successors today is absent and missing from the Legal Profession Uniform Act, 2014
(Vic), (Public Document) In conflict with section 3 of the Victorian Constitution Act 1975 that the
Imperial Acts Application Act 19222 are to be used in the Administration of Justice.
Mr. Samuel Porter, Deputy Secretary and Chief Counsel, the Department of Justice and
Community Safety, from his letter, dated 2nd July, 2020 –
10
This admission, from the Department of Justice and Community Safety, now
completely ‘Nullifies, Voids and destroys any “Grant of Power” of the (purported)
Andrews State Government (Inc.) to incorporate the Supreme Court of Victoria and to
create the Court Services Victoria (Inc.) which has been unlawfully separated from the
Parliament and people of Victoria in 2014 under Robert Clark (the former Attorney
General), with full notice and knowledge of the Chief Justice of Victoria – Marilyn
Warren QC, who swore her Oath under Her Majesty Queen Elizabeth the Second.
11
The Legal Profession Uniform Act, 2014 (Vic), in conjunction with Legal Profession Uniform
Act, 2014 (NSW) were unlawfully passed under the Napthine Government in Victoria, and
the O’Farrell and Baird State Governments in New South Wales, where upon the Hon.
Robert Clark MP, the former State Attorney – General, did oversee the creation of the two
largest Australian States, by population and economy, to unite and coordinate unlawful legal
unions and processes, outside section 107 of the ‘Constitution of the Commonwealth’ which
is followed by the Judiciary Act, 1903 (Cth) from which the High Court of Australia derives its
Vested Authority.
The Constitution of the Commonwealth was avoided, outside of the authority of both States,
and No Power was granted by any vote, to exclude the Federal Government, the Parliament
of the Commonwealth of Australia – now rendering all Lawyers, Barristers and above,
including Magistrates, Judges and Justices – Null and Void to make any judgement upon the
Electors of the States of Victoria and New South Wales since the commencement of the
‘Legal Professions Uniform Law Application Act’, 2014.
This now engages, the Hon Christian Porter MP, Federal Attorney General, The
Commonwealth of Australia.
THE GOVERNESS, LINDA M. DESSAU – NO VESTED POWER:
As Daniel Andrews must rely upon and depend upon the disabled ‘Constitution Act’, 1975
(Vic), which achieved ‘The Royal Assent’, from Her Majesty, Queen Elizabeth II by and with
the advice of Her Privy Council, as this Constitution was only ever ‘Reserved, for Her
Majesty’s Pleasure’, and created under the illegitimate fiction of the ‘Queen of Australia
allegedly with the advice of the Legislative Council & Assembly’ under Governor Sir Henry
Winneke – an incorporated trading name, currently registered and owned by the
Queensland Corporation.
‘Pecker Maroo Pty Ltd’ (Public Document)
Any Act passed by Governor Dessau, appointed under the Constitution Act, 1975, again,
which has only ever been “Reserved for Her Majesty’s Pleasure” and was never signed and
never received the Royal Assent, Linda M. Dessau’s Affirmation of Allegiance is invalid: She
said, and it is quoted: -
“I, Linda Marion Dessau do solemnly and sincerely affirm that I will be faithful
and bear true allegiance to Her Majesty Queen Elizabeth the Second and Her
Majesty’s Heirs and successors according to law” (Public Document)
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Marilyn Warren AC QC, then invites Linda M. Dessau to take the Affirmation of Office and it
is quoted: -
“I, Linda Marion Dessau do solemnly and sincerely affirm that I will well and
truly serve Her Majesty Queen Elizabeth the Second and Her Majesty’s Heirs
and successors in the office of Governor of the State of Victoria and will do
right to all manner of people after the laws and the usages of the State without
fear or favour, affection or ill will”. (Public Document)
However, Linda Marion Dessau gave her assent to the
COVID-19 Omnibus (Emergency Measures) Act, 2020. under “HER MAJESTY” (a
fiction) in conflict with her Oath of Allegiance.
She has deceived All Victorian and Australian Electors by signing it Only as:
“HER MAJESTY”. Failing to be in the name of as required...
SHE swore her Oath of Allegiance, and her affirmation of office at her Inauguration
Speech and the Signing of her ‘Oath of Allegiance’ and affirmation of office in July
2015 to: - Our Constitutional Monarch – ‘Her Majesty Queen Elizabeth II, Queen of the
United Kingdom & Northern Ireland and the Commonwealth’.
This now creates a ‘Constitutional Crisis’ within and above, the State of Victoria, and
only the Prime Minister, The Hon. Scott Morrison, and –
‘His Excellency, General, The Honourable David John Hurley AC DSC (RETD), –
Governor General of the Commonwealth of Australia, must replace both the Governor
of Victoria and relieve the Premier of Victoria, who is NOT above or holds immunity,
from the allegations of pending criminal investigations by the Independent Board –
based Commission (IBAC) and the Ombudsman’s Office – over the Somyurek ‘Cash
for Signatures & Votes’ inquiries. It is noted that former Assistant to the Treasurer,
Robin Scott MLA and former Minister Marlene Kairouz both resigned over the money
laundering scandal.
Money Laundering and Corruption with the Federal and
State-Australia Labor Party (Inc.).
This case must be opened & not be concealed as was done with the Red Shirts
for Rorts scandal (Public Document), where Dan Andrews publicly announced in the
Herald Sun that he would refund the Victorian Tax Payers money.
Yet, no criminal prosecutions have ever been laid proving the concealment of the
money laundering and the branch stacking by Somyurek.
It seems to be a fact of life, that within the Australian Labor Party and as the article
below, once again involves Adem Somyurek and these crimes have never been
procecuted. Adem Somyurek former State Minister and was a Electorate Officer for
former Senator Jacinta Collins and current Federal Member for Holt - Anthony Byrne
as published on the 60 minutes program.
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14
If any member of the public stole money or goods to the
value of almost $400,000, they would be arrested,
investigated, convicted and jailed by the Director of
Public Prosecutions.
Kerry Judd (QC) Queens Council who decided not to prosecute the crimes against
Dan Andrews, the Victorian Labor Party, Adem Somyurek, Marlene Kairouz and Robin
Scott who were responsible, complicit and accepted the responsibility and avoided
criminal prosecution for breaches of the Crimes Act 1958.
The crime was committed and NO justice was served on Dan Andrews and the
perpetrators.
Director of Public Prosecutions (DPP) Kerry Judd (QC) who took her Oath of
Allegiance to Her Majesty Queen Elizabeth the Second is appointed under the
Constitution Act, 1975 Victoria, under the Queen of Australia currently registered to
Pecker Maroo Pty Ltd in Noosville QLD.
Director of the Department of Public Prosecutions
Adem Somyurek seems to be behind the criminal activity of the Labor Party, but
never brought to justice for his crimes.
It appears that the Director of Public Prosecutions (DPP) Kerry Judd (QC) choses to
turn a blind eye to the greatest crimes against the electors, mums, dads and the
children in the State of Victoria.
15
Year 2020
The Facial Mask - No Laws – No Protection – Unfounded Claims.
The Public Health and Well Being Act, 2008 (Vic) Did Not Pass into Law and Does Not
Exist!
A “Freedom of Information Request” was sent to both the Federal and State offices
regarding the mandatory wearing of face masks/coverings which relies upon the ‘Public
Health and Well Being Act’, 2008 (Vic), a Bill which did not receive ALL Three Readings
and the necessary votes from both houses of the Parliament of Victoria to be Proclaimed and
Gazetted into Law, with ‘The Royal Assent’.
A request for the “Override Declaration” was sent to the Parliament of Victoria and the
Parliament of the Commonwealth on the 21st July 2020 which complies with ‘Section 51 ss
(xxiii A)’, the ‘Constitution Act 1901’ and the ‘Charter of Human Right and Responsibilities
Act’, 2006 (Vic) at Sections 5,6 & 10.
July 23rd, 2020 we are again being manipulated from our right to clean air, by
mandatory masks wearing, punishable by crippling fines which is against
section 10, of the ‘Charter of Human Rights and Responsibilities Act’, 2006.
(Public Document)
These items are our living man & woman’s natural rights, under the United
Nation’s –
‘International Covenant on Civil and Political Rights’, 13th August 1980.
(Public Document)
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There are NO Masks which can filter out ‘Nano Particles’ from the air we
breathe.
Enforcing the wearing of face masks or coverings is in breach of human rights;
▪ ‘Constitution of the Commonwealth’ Act, 1900 (Cth) at Section 51 ss (xxiii A).
▪ The International Covenant on Civil and Political Rights. (ICCPR) – Now
Engaged. (Public Document)
▪ The ‘Charter of Human Rights & Responsibilities Act’, 2006, at sections 5, 6 &
10. (Public Document)
▪ The ‘Civil Procedures Act’ 2010 (Vic) at section 6. (Public Document)
▪ The ‘Public Health and Well Being Act’, 2008 (Vic) – DOES NOT EXIST AT LAW!
▪ The ‘COVID-19 Omnibus (Emergency Measures) Act’, 2020 (VIC) DOES NOT
EXIST AT LAW!
▪ The ‘Health Service Amendments (Mandatory Vaccination of Healthcare
Workers) Act’, 2020 (Vic) DOES NOT EXIST AT LAW!
As per the below document of the Defective and Disabled COVID-19 Omnibus
(Emergency Measures) Act 2020.
17
Year 2020
Former Governor of the City of Hong Kong, Lord Christopher Patten, was quoted as saying
that –
‘If we cannot trust China on Hong Kong, then what can we trust China on?’
Lord Patten signed a treaty and agreement with the People’s Republic of China, in 1997,
that the independence and self – autonomy of the City of Hong Kong was to continue for 50
Years expiring in 2047.
The National Security Law, from the People’s Communist Party, China, imposed this law
upon Hong Kong, 23 years into the agreement signed with Great Britain.
The University of Queensland has been shown to favour the Chinese Government, by
seeking to expel the outspoken Drew Pavlou, who protested against Chinese influence of
Australian Universities. The Australian Media has reaffirmed this on countless occasions.
Daniel Andrews, Premier of Victoria, was published in the State’s Daily News to have
discreetly signed agreements with the People’s Republic of China, for the ‘Belt and Road
Initiative’ (BRI), in defiance and contravention of The Commonwealth Constitution Act, 1900
(Cth), Legislative Affairs of the Parliament (of Australia) section 51, subsection (xxix)
‘External Affairs’, are the sole responsibility of the Commonwealth of Australia, under the
Prime Minister of Australia, The Hon. Scott Morrison MP, and the Senator the Hon Marise
Payne - Australian Minister for Foreign Affairs.
We are witnessing China flexing its muscle and ready to challenge Australian Sovereignty
and the world. As at July 2020, we argue that Dan Andrews is imposing his own brand of
‘National Security Law’ (aka martial law) by the PRC upon Victorians to conceal the extreme
corruption, yet to be investigated, within his own Ministry and Political Party known as the
Australian Labor Party. These connections with China date back to former disgraced Prime
Minister – Gough Whitlam.
The International Agreements with the Peoples Republic of China for the ‘Belt and Road
Initiative’ (BRI) are all defective and invalid as Dan Andrews has ‘No Mandated or Vested
Authority’ from the last State election or under any State Constitution Acts to deal with any
foreign power in trade or commerce.
The Executive Government of the State of Victoria, led by Dan Andrews, has NO MANDATE
to sell Victoria to any foreign power, including (and most importantly) to PR of China.
The Executive Government of the State of Victoria, led by Dan Andrews, has NO MANDATE
to abrogate the Rights of Victorians under the ‘Charter of Human Rights and
Responsibilities Act’, 2006 (Vic).
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(Public Document)
Dan Andrews, as the Chief Executive Officer of the Treasury Corporation of Victoria Inc., is
not now and has never been, lawfully elected as the Premier of Victoria, in the absence of –
‘Her Majesty, Queen Elizabeth II, Queen of the United Kingdom and Northern Ireland and of
the Commonwealth’, since the disabled, defective, and deficient Australia (Acts).
Australia (Acts) Request Act, 1985 (Vic) under the Cain State Labor Government failed to
complete a First Reading with ‘Any Votes Recorded’ at the Legislative Assembly, rendering
the Bill as ‘Non – Existent at Law’, and this Nullified and Voided the ‘Australia Act, 1986’, and
the ‘Australia Act, 1986 (UK)’ ‘a nullity at law’, at the Houses of Commons and Lords, at
Westminster, which was a Full Member of the European Union, which DID NOT PROVIDE
APPROVAL for the UK to pass such a law.
Through the ‘Financial Management Act’, and the ‘Appropriations Acts’, since 2015, Dan
Andrews has manipulated and amended the now disabled, defective, and deficient -
‘Constitution Act’, 1975 (Vic), as nugatory and negated at Law, which never received ‘The
Royal Assent’, from Her Majesty, Queen Elizabeth II.
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Dan Andrews relies and depends upon the defective Victorian remuneration tribunal report,
instructed by special minister of State – Gavin Jennings MP, for his and his Minister’s 12%
increased salaries dependent and reliant on the disabled and defective Victorian Constitution
Act 1975 (Public Document) which does not exist at law.
Dan Andrew’s has utilised the unlawful amendments of the Constitution Act, 1975 (Vic), of
the fact that section 65, ss 5, the Legislative Council is ‘no longer required’ to vote on any Act
of Appropriations irrespective if the Premier has the numbers in the Upper House (The
Council) at the Parliament of Victoria, rendering Victoria to the status of a ‘Territory’, and
trespassing upon the Constitution of the Commonwealth Act, 1901 (Cth). (Public Document)
This now becomes a fraud against the Victorian Elector and has created a
‘Constitutional Crisis’, and the Governor now must act, according to her
Oath of Allegiance to Her Majesty, Queen Elizabeth II and follow the
former Governor – General, and ‘Remove’ Dan Andrews from the Office of
Premier.
CONSTITUTIONAL CRISIS IN VICTORIA:
This place the State of Victoria (Inc.) in the same Constitutional Crisis as the Whitlam
Government in 1973 -1975 and in which the Whitlam Government was ‘sacked’ under
the Constitutional Issue; that being the inability to enact the ‘Supply’ and the
‘Appropriations Bill’. These were blocked in the Parliament of the Commonwealth and the
Senate by the opposition leader Malcom Fraser.
The Legislative Council in Victoria, we argue, has been ‘neutered and castrated’ from
the vote on the Appropriations Bills in the Parliament of Victoria since before the
electoral victory of Dan Andrews, on November, 2014. This trespasses upon the
Constitution of the Commonwealth Act, 1900 (Cth) in breach of section 128, of the
same Act. (Public Document)
The ‘State of Victoria (Inc.) and the ‘State of Queensland (Inc.) (aka Queensland Territory)
trespasses upon the Constitution of the Commonwealth Act, 1901 (Cth), in breach of section
128, of the same Act.
This diminishes the ‘Territory of Queensland’ to the status equivalent to the Northern
Territory and the Australian Capital Territory (ACT) into questionable disrepute. Both
Queensland and Victoria avoid their Legislative Councils as mandated by the Laws at
Westminster, and at Covering Clauses 2 & 5 of the Commonwealth Constitution Act, 1900
(Cth). Both Parliaments are unable to pass any further Appropriations Bills until this
Constitutional Crisis is consistent with the Commonwealth and the Laws of the Westminster
Parliament, as entrenched, at sections 14 and 15, the Supreme Court Act, 1958 (Vic), and
the Supreme Court Act, 1867 (Qld), to comply with the Constitution Act, 1900 (Cth).
20
TERRITORY OF QUEENSLAND ELECTIONS – OCTOBER, 2020:
This Question of Fact now engages the Bill of Rights, 1688 (Imp) into this
Constitutional Crisis, in Victoria and Queensland, as the Territory of Queensland - The
2020 Queensland state election is scheduled to be held on Saturday 31 October 2020
to elect the 57th Parliament of Queensland.
The Upper House (The Legislative Council for a State or the Senate in the Commonwealth
Parliament) was deliberately designed to provide the necessary Checks and Balances under
the Westminster system to pass money supply Bills with oversight from their respective
Upper Houses.
This is why Daniel Andrews and Anna Palaszczuk are both operating their jurisdictions as
‘Chief Executive Officer’s (as CEO) of their respective Incorporated entities, outside of the
AEC National Referendum, November,1999. Both ALP Labor leaders are ‘deliberately acting
outside’ of the current and valid Commonwealth Constitution Act, 1900 (Cth).
NO VALID LAWS IN VICTORIA, INCLUDING THE FINES REFORM ACT, SINCE 2014:
The Fines Reform ACT 2014 is ‘nullified and voided’ at law, because this Bill ‘Did Not
Achieve’ the necessary votes required in the Legislative Council on Thursday 26th June
2014 as recorded on Hansard - votes NOES-18 to AYES-14.
Adem Somyurek, member of the Legislative Council, Robin Scott and Marlene Kairouz
members of the Legislative Assembly for these votes and the failure of this Bill to pass.
Adem Somyurek who has ‘Criminal Charges Pending’, it is alleged, all criminal offences must
be heard before civil offences are issued, for the Electors of Victoria, and ALL
INFRINGEMENTS are invalid ‘Civil Offences’ and the Victorian Electors to accept this failed
law to be valid. Every infringement since the passing of this failed Bill MUST BE
REIMBURSED!
21
VICTORIA POLICE (Inc.) v Mr. S. MAROTTA Case No. J11067481:
The ‘Summary Offence Act’, 1966 (Vic) Section 60AA, ‘Power to Serve an Infringement
Notice’, only a Department of the State can use this section and the Defendant invoked
Case No. J11067481 Victorian Police v Marotta, 27th August 2019, where upon the
Defendant did enter into the Magistrates Court (Inc.), at Schedule 2, the ‘Ombudsman’s Act’,
1973 (Vic), (Public Document) a Constitutionally enacted law, under The Royal Assent’ –
‘Exempt Persons and Bodies’ Schedule 2, Item 1. Police Personnel (Police are NOT a
Department of the State of Victoria).
Victoria Police (Inc.) is a registered trading corporation, as of the 1st November 1999, (Public
Document) which has been noted was registered five days prior to the –
AEC ‘National Referendum’, held on the 6th November 1999. (Public Document)
Fines Victoria, an NON registered entity purportedly of the Department of Justice and
Community Safety, Victoria, has Director Craig Howard, as the head of the unconstitutional,
unlawful, and unregistered State of Victoria (Inc.) corporate entity.
Mr. Samuel Porter, Deputy Secretary and Chief Counsel, the Department of Justice and
Community Safety, wrote, on the 2nd July 2020, and it is quoted –
“Thank you for your email 17th May 2020, to Anna Faithful, Deputy Secretary Justice Policy
and Data Reform with further questions regarding legal practitioners making an Oath of
Allegiance to the Queen. As this matter now falls within my area of responsibility, Ms.
Faithfull has referred your email to me.
The National Referendum held in (Nov) 1999 about whether Australia should become a
republic was defeated. Australia remains a constitutional monarchy under the
Constitution of Australia. This outcome did not require former Victorian Attorney –
General Robert Hulls to change our form of Government.” (Public Document)
22
THE DEPARTMENT OF JUSTICE & COMMUNITY SAFETY:
23
The record on ASIC Search reveals the true and correct owner of Fines Victoria and Fines
Vic is:-
24
THE HEALTH SERVICES AMENDMENT (MANDATORY VACCINATION OF
HEALTHCARE WORKERS) ACT, 2020
The Health Services Amendment (Mandatory Vaccination of Health Care Workers) Act,
2020, which ‘Does Not Exist at Law’, as it has not achieved the necessary Readings with
sufficient votes, to pass into Law, with – ‘The Royal Assent’ from the Vested Power –
The Department of Justice and Community Safety is a registered corporation, under the
Australian Securities and Investments Commission (ASIC)-
Entity name: DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY
ABN 32 790 228 959
ABN status: Active from 01 Nov 1999
Entity type: State Government Entity
NOTE: ‘Fines Victoria’ and ‘Fines Vic’ are not listed or registered entities on the ASIC
Australian Business Register of incorporated entities and their trading names therefore,
‘Fines Victoria’ and ‘Fines Vic’ are operating in defiance of and in contravention of, the
‘Corporations Act’, 2001, the Federal Legislation for all registered incorporated entities.
26
This now presents a Constitutional Crisis that Linda M. Dessau is not Constitutional
acting as a Governor for Victorians, under Her Majesty, Queen Elizabeth II.
This can no longer be a Constitutional position, as her office is dependent upon the
Constitution Act, 1975 (Vic) which has not passed into law with the Royal Assent.
The Office of Governor (Vic) is a Corporation registered for Goods and Services Tax at the
ATO and is registered as a trading corporation, under ASIC, the Corporate regulator ABN
No. 39 481 796 354 and her office, we assert, must comply with the –
Victorians and Queenslanders are witnessing the greatest fraud and deception, in
Australia’s history by the –
And it will be alleged that these two Chief Executives of the Australian Labor Party, have
openly yet discreetly deceived and defrauded the Victorian and Queensland Electors,
Both CEO’s are no longer operating under the Westminster system, nor are they operating
under the –
27
Year 2020
Dan Andrews, since his succession to Premier in late 2014 has ‘No Vested Powers’,
as the Office of the Premier of the State of Victoria (Inc) since 1985, has not and cannot
pass any Legislation since the –
‘Australia (Acts) Request Act’, 1985 (Vic),
unlawfully and defectively sent through the Parliament of Victoria, by the Cain Labor
Government and did not achieve any votes for the first reading and the ‘Royal Assent’,
required for a Bill to become Legislation and, relied upon the State Royal Seal and passed
the Bill under the ‘Queen of Australia’, on the 13th November, 1985, to be sent to the Federal
Parliament, to be passed, under the ‘Queen of Australia’, in Canberra, December 1985,
rendering the Victorian State Bill – DISABLED, DEFECTIVE, NULL & VOID, before its
communication to Canberra, and to the –
Her Majesty Queen Elizabeth II, due to the Question of Fact (Trespass against the Victorian
Elector) that there were,
NO VOTES RECORDED FOR THE ‘AUSTRALIA (ACTS) REQUEST ACT’, 1985 (VIC), on
the first Reading,
Which it was not observed, the ONLY State Bill, NOT passed under the Royal Seal of
the Constitutional Monarchy, under Her Majesty, Queen Elizabeth II.
After the first reading to change the laws of this country and State from a Constitutional
Monarchy and into a Republic. Each Law and legislation made after this Bill, is now
Null & Void at Law.
The Territory of Queensland cannot enact any State Laws, confirmed by the fact of
NO current legislation exists since the
28
The Territory of Queensland incorporated the ‘Queensland Police Service’, as per
ASIC, the ABN Lookup website –
Entity name: QUEENSLAND POLICE SERVICE
ABN 29 409 225 509
ABN status: Active from 01 Nov 1999
Entity type: State Government Entity
Goods & Services Tax (GST): Registered from 01 Jul 2000
Main business location: QLD 4000
this Question of Fact contravenes the Fact that Queenslanders voted along the same
lines as the other five States of Australia, and voted to retain the –
‘Commonwealth Constitution Act’, 1901 (Cth), and the Constitutional Monarchy, and
the earlier Bill, the ‘Australia Acts (Request) Act’, 1985 (QLD) never passed, as there
was no ‘Vested Power’, by only a Legislative Assembly, and No Vested Power to
recommend and appoint a ‘Governor of Queensland’, where Her Majesty, Queen
Elizabeth II has been ‘absent’ for the whole duration of her reign.
A heavily altered and modified State Constitution, which cannot exist where No
Governor exists, to give ‘The Royal Assent’ and legitimise the Queensland State
Constitution in 2001.
Both States passed disabled and defective Bills, to be counted, in haste and urgency,
by the Federal Hawke Labor Government, to be counted at the Parliament of the
Commonwealth of Australia, to formulate the Australia Act, 1986 –
Some Twelve Members were forced out of the Parliament, in 2018 and 2019, for
breaching the Commonwealth Constitution Act,1900 (Cth), and it must be noted, the
media were complicit to conceal the ‘Question of Fact’ that section 44 was NEVER
connected with the Commonwealth Constitution Act, 1900 (Cth).
There have been no further questions in any referendum since this day, the 6th November
1999, to retain our Constitutional ties to the Monarchy, which enshrines our –
Estate in Fee Simple property rights, which Parliaments across Australia have dissolved and
destroyed from the Australian Electors have sold each State’s Land Title Offices to the
banks.
29
Malcom Turnbull and Bob Hawke lead the ‘Yes’ vote for a Republic, and discreetly deceived
the Australian Electors that the ‘Australia Act’, 1986, the Australian Bill, was valid, which
again, could never of passed, following the elementary defects from the Victorian and
Queensland State Governments, as Victoria’s Bill was defective and disabled at the First
Reading, by the Cain Labor Government, not having passed a First Reading, with
The Westminster System of Government is clearly contained within the Australian People’s
– Commonwealth Constitution Act, 1900 (Cth).
The Hon. Kevin Andrews MP, Federal Member for Menzies (Vic) was the Chair of the
Parliamentary Committee and published – ‘Aspects of Section 44’, which unconditionally
confirmed that the Australia Act, 1986 - DOES NOT EXIST AT LAW.
Year 2020
The four State Acts hurriedly passed by the Parliament of Victoria since the
Emergency Powers were declared for the
1. COVID 19 (Emergency Measures) Act, 2020, Restrictions and Lockdowns –
2. the ‘Local Government Act’, 2020 (Vic),
3. the Health Services Amendments (Mandatory Vaccination for Healthcare Workers)
Act, 2020,
4. the ‘Appropriations Act’ 2015, 2016, 2017, 2018, 2019 & 2020,
are ALL ‘Invalid and Unlawful’,
and have ‘No Vested Power and or Authority’ from –
30
Year 2020
In Victoria, the Constitutional requirement ‘SHOULD and MUST’ include the Legislative
Council, the ‘House of Review’, to be engaged in passing the State’s Appropriations Bills,
which has been ‘removed and castrated’ from the Democratic process, deceptively
concealed from the Victorian Electors, in the ‘disabled, defunct and defective’ –
Thereby nullifying the Legislative Council, and removing it by stealth and deception, and
without notice and knowledge of the Victorian Electors, that the Andrews Government is
operating, like its northern partners – Queensland, with only a Legislative Assembly – the
Lower House.
Governor - General had no other option than to write his ‘sacking’ of the Whitlam
Government, with full Notice and Knowledge of Her Majesty’s Office, and into Australian
History, a process of his own creation and undoing, in which Whitlam had failed to lead his
Government.
(At the time of writing this historical summary, the High Court of Australia had granted
‘special leave’, for the letters between the Governor General and Her Majesty, Queen
Elizabeth II to be released by the National Archives.)
31
Governor Linda M. Dessau cannot lawfully pass into law, any Acts, including the
Appropriations Acts, 2015, 2016, 2017, 2018, 2019 & 2020, while the disabled, defective,
and deficient –
‘Australia (Acts) Request Act, 1985 (Vic) Does Not Exist at Law. There was No First
Reading with Any Votes Recorded, to pass both at the Legislative Assembly under the Royal
Seal as each other State had done.
32
Year 2020
Local Government Act, 1989 (Vic) was proven without doubt, in the words of County Court
Judge Cosgrave on 31st January 2020, at the first and only Directions Hearing, he did state
to the applicant, after hearing arguments as to the validity of Local Government in Victoria –
“Are you saying Ms. Williamson the Local Government Act, 1989 does not exist?”
The Plaintiff replied, “No your Honor, that responsibility belongs to the Parliament of
Victoria.” (the court heard that there was ‘No Third Reading and Votes for this Bill).
And with this Statement of Fact, Judge Cosgrave did not permit a second hearing date, and
later, requested a final affidavit from the Plaintiff / Applicant, for submission on the 25th
February 2020, and this second affidavit was submitted on the same date, with four legal
counsels required to respond in 48 hours, by the close of the courts, 27th February 2020.
The second Williamson Affidavit requested the jurisdiction of the court engage section 15,
the ‘Supreme Court Act’, 1958 (Vic), and, the request for a second date, under a Chapter III
court, from section 15, the Supreme Court Act, 1958 (Vic), that the court MUST only
proceed under a Chapter III Constitutional Court, as the jurisdiction will be requested by the
Applicant to be the jurisdiction of the –
This Local Government Act was proven, in the corporation – owned County Court of Victoria
(Inc.), managed by the ‘Liberty Group’, a 100% subsidiary of the ‘Challenger Financial
Corporation’, an Australian Stock – market listed corporation, which is 75% majority owned
and controlled by shares, from –
1. Hong Kong Shanghai Banking Corporation.
2. Citigroup Banking Corporation.
3. JP Morgan Chase Banking Corporation.
4. BNP Paribas Banking Corporation.
33
The only reference in the building to the Commonwealth Constitution Act 1900 and Her
Majesty Queen Elizabeth II, which proves that the County Court of Victoria Incorporated is a
100% trading Corporation.
This is managed by the Liberty Group which proves the separation of the County Court,
which contravenes and operates outside of Section 14 and 15 of the Supreme Court Act
1958 (Vic).
This privately owned court does not comply or operate under the Department of Justice
directive as per exhibit at page 8 of this document on the 2nd July 2020 by Samuel Porter.
“The Republic Vote in 1999 was defeated and Australia is under the Constitutional
Monarchy”.
All Court Cases held in the County Court Inc are Null and Void because the Imperial Crown
is in a State of distress and this is an open and defiant declaration of war against Her
Majesty Queen Elizabeth II Her Heirs and Successors and the electors of Victoria.
The County Court of Victoria has hijacked and stolen the intellectual property rights of Her
Majesty the Queen.
The Royal Seal of Her Majesty Queen Elizabeth II is used on Court Orders and Court
Documents which is the Corporation acting in fraud, that there is a direct authorised
agreement with Her Majesty Queen Elizabeth II which requires a Commercial Contract.
This is a Crime under Section 81, 82 & 83A of the Crimes Act 1958 (Vic) and the
Corporations Act 2001 and the ASIC Act 2001.
The Bill of Rights 1688 (Imp) is now activated on Chief Justice Peter Kidd every Judge and
Judicial Registrar of the County Court Incorporated for acting like a judge, which Fiona
McLeay must prosecute under Section 87, 88, 90, 91 & 92 of the Imperial Acts Application
Act 1922, supported by Samuel Porter the Deputy Secretary and Chief Council of the
Department of Justice and Community Safety of Victoria, and DPP Kerry Judd (QC)
Proving beyond all and any doubt that the successive State Governments and the ‘Federal
Investments Review Board’ (FIRB) have permitted the secession of the Victorian judicial and
court system to be owned and controlled by foreign banking corporations. This is consistent
with the transfer of the Land Titles Office of Victoria, also called Victorian Land Registry
Services, and it is quoted from the ABC News “Treasurer Tim Pallas said the state had
granted a concession to Victorian Land Registry Services to run the office for four decades.
The new company is owned entirely by First State Superannuation, An Australian-owned
fund that has already invested in the NSW land titles office”.
Australia’s Superannuation funds are managed and controlled by NAB, ANZ, CBA and
Deutsche Bank which are majority owned by the SAME FOUR FOREIGN BANKS listed
earlier.
34
This is a major conflict which has been deliberately concealed from superannuation
members and mortgage customers of Australian Banks. Each Australia bank mentioned
above is majority owned by shares – 1. HSBC, 2. Citi Group, 3. JP Morgan and 4. BNP – All
Foreign Banks!
Why have these facts not been investigated by the Australian Securities and Investments
Commission (ASIC) the Australian Prudential Regulation Authority (APRA) and the
Australian Competition and Consumer Commission (ACCC) and the Foreign Investment
Review Board (FIRB)
The confirmation at the Happy Homes Building Group P/L Vs The Registrar Land
Titles Office Victoria that the Local Government Act, 1989 (Vic) does not exist at law
directly affects the validity of the Local Government Act, 2020 (Vic). These Acts are
both joined meaning councils were formed in 1989 as a body corporate operating with
a common seal and can sue or be sued in their corporate name, as written in section 5
of the now disabled Local Government Act, 1989 (Vic) in which Tim Jeffery Barrister
acting of two Australian Banks, opposed the continuation of the court case on the 25th
February, 2020. The Local Government Act, 2020, is also, disabled and defective, as
there can be No Royal Assent from Governor Dessau, as her appointment has not
been made under any lawful Constitution Act and this Act is now disabled from the
Governor of the State of Victoria.
“Section 15. (1) The Court shall have cognisance of all pleas civil, criminal or
mixed, and (subject to any enactment now in force to the contrary) shall have
jurisdiction in all cases whatsoever as fully and amply to all intents and
purposes in Victoria and its dependencies as the Courts of Queen's Bench
Common Pleas and Exchequer at Westminster or any of them had by the
common law in England at or previously to the commencement of the Act No.
502;(fl)” (Public Document)
35
THE ROYAL COAT OF ARMS AT THE SUPREME COURT of VICTORIA (Inc.):
The allegation is made that Hon. Chris Maxwell (QC) A Queens Counsel to Her Majesty,
Queen Elizabeth II, and President of the Supreme Court (Inc.) and Chief Justice Ann
Ferguson. Both having Full ‘Notice and Knowledge’ of the inferior corporate Supreme Court
Stamps, and the continuing use and acceptance of their positions on the Bench at the ‘Pell
Supreme Court Appeal’ were sitting under the ‘Royal Coat of Arms’ affirming the conflict of
interest within the Supreme Court of Victoria (Inc.).
The Supreme Court of Victoria (Inc.) was formerly under private ownership of ‘Ilford Pty Ltd’
until mid - 2015, about the time of the disabled and defective inauguration of the new
Governor of the State of Victoria – Linda Marion Dessau.
Year 2017
The “Independence of Parliament” Research Paper No3, May 2017 (Page 15). (Public
Document) States the reliance of the ‘Parliament of Victoria’ upon the Australian
(Commonwealth) Constitution and the State Constitution (the disabled Constitution Act,
1975) and de Jure Constitution Act, 1855 (Imp)), the only lawful and valid State Constitution
in Victoria, created and enacted in Westminster, for the ‘Colony of Victoria’.
Year 2016
Health Complaints Act, 2016 (Vic) – ‘Does Not Exist at Law’, as the Bill created by Russell
Kennedy Lawyers Incorporated ABN:85 660 479 736 – that Principal, Michael Gorton, who
has been accredited to being the author of this ‘Disabled and Defective’ Bill, which has been
argued as defective and disabled from section 95 of the same Act, and clashes and conflicts
with the ‘Charter of Human Rights and Responsibilities Act’, 2006 (Vic), and the former
Act has No Royal Assent. Michael Gorton is the Unconstitutional Chair of the Victorian
State - created & now National body –
36
The ‘Australian Health Practitioners Regulation Authority’, ABN 78 685 433 429 –
an Unconstitutional National Body, created from the States and based and registered in
Victoria in contravention of section 51, subsection (xxiiiA), the Constitution of the
Commonwealth, 1900 (Cth). (Public Document)
Year 2015
Governor Linda M. Dessau - inaugurated on the 1st July 2015 by the Andrews State
Government, the most important and highest appointment by the Premier. Linda M. Dessau
as the first female and first Jewish Governor of Victoria, she was affirmed by The Hon.
Marilyn Warren QC (Queen’s Counsel), the highest Constitutional Honor in the Legal
Profession, the Chief Justice of Victoria, and Lieutenant Governor of Victoria.
Linda Marion Dessau is married to Anthony Howard AM QC, (Queen’s Counsel) a former
County Court Judge. They were married in 1982. Both the Governor and her husband have
sworn their ‘Oath of Allegiance’, at section 87, 88, 90, 91 & 92, the ‘Imperial Acts Application
Act’, 1922 (Vic) at the Supreme Court of Victoria, to Her Majesty, Queen Elizabeth II.
Anthony Howard under section 87, 88, 90, 91 & 92 the ‘Imperial Acts Application Act’, 1922
(Vic) and the Governor, at her inauguration, witnessed by The Hon. Marilyn Warren QC,
which affirms the continuation of the Commonwealth Constitution Act, 1900 (Cth).
Whilst the Supreme Court continues to operate, it is under duress across Victoria, as it is
only used as the occasion requires by the Andrews Government such as formal matters to
inaugurate a Governor or a high-profile case like the ‘Pell Case’. NOT available or
accessible for ordinary Victorians seeking justice in the non – de jure, non – constitutional,
corporatized and incorporated foreign owned and controlled courts, currently under ‘Court
Services Victoria’ (Inc.) – See following.
Entity name: COURT SERVICES VICTORIA
ABN 63 392 984 660
ABN status: Active from 21 Feb 2014 (per Robert Clark fmr Atty-Gen)
Entity type: State Government Statutory Authority
Goods & Services Tax (GST): Registered from 01 Jul 2014
Main business location: VIC 3000 (Public Document)
Marilyn Warren QC was appointed a QC in 25th November 1997 and Chief Justice of the
Supreme Court (thus becoming Chief Justice of Victoria) on the 25th November 2003 – Six
years later. Marilyn Warren QC retired on the 1st October 2017 from the Supreme Court and
retained her title of the Chief Justice of Victoria. The Chief Justice was appointed by Robert
Hulls. During this time, the Victorian courts were all sold and became Court Services
Incorporated with her full notice and knowledge.
37
Year 2015
Ilford Pty. Ltd. -Supreme Court of Victoria can be documented from ASIC as the private
owner of the ‘Supreme Court of Victoria (Incorporated)’ and the Land Titles Office
Incorporated. These two integral entities for Victorian Electors and property owners, have
been separated and incorporated from the ‘Parliament of Victoria’ and the former entity no
longer forms the essential third tier of Government, breaching the essential ‘Three Arms of
Government’, as dictated under the Commonwealth Constitution Act, 1900 (Cth).
(Public Document)
Year 2014
‘Court Services Victoria’ (Inc.) ABN 63 392 984 660 was separated and incorporated on 21st
February 2014 under former State Attorney – General, The Hon. Robert Clark MP. The
‘Court Services Act’, 2014 (Vic) came into effect 21st July 2014. This Act does not carry ‘The
Royal Assent’ and is ‘invalid’ as Robert Clarke had ‘No Vested Power or Authority’ to
separate the Victorian Courts from the Parliament of Victoria and did not obtain any mandate
from the Victorian Electors.
38
Legal Professions Uniform Law Applications Act, 2014 (Vic), agreed between Victoria and
NSW is now and has always been NULL AND VOID as these two Acts do not have any
Vested Power, and this is alleged, a direct contravention to the Judiciary Act, 1903
(Cth). These two State Bills do not and cannot ever have, ‘The Royal Assent’ following
the disabled and defective Australia (Acts) Request Act, 1985 (Vic), Australia Acts
(Request) Act, 1985 (NSW). Both States did not pass their respective State Statute Laws
with ‘Any Votes Recorded’, for each reading, to pass into an Act, and becomes the basis for
the Federal – ‘Australia Act’, 1986.
November 2014 - Dan Andrews, Leader of the ALP wins the Victorian State Election
and becomes the Premier of the ‘State of Victoria (Inc.)’
Entity name: STATE OF VICTORIA - PARLIAMENT OF VICTORIA
ABN 57 505 521 939
ABN status: Active from 01 Nov 1999
Entity type: State Government Entity
Goods & Services Tax (GST): Registered from 01 Jul 2000
Main business location: VIC 3002 (Public Document)
Year 2006
25th July 2006, the ‘Charter of Human Rights and Responsibilities Act’, 2006 (Vic)
is passed. The Statute Law was completed on the 25-07-2006 and came into effect on the
01-01-2008 under the Bracks Labor Government and at Section 5 of this Act gives the
Victorian Electors Human Rights and also gives entrenched access to the Constitution of
the Commonwealth, 1900 (Cth), the common law and International Law (the
International Covenant On Civil and Political Rights). (Public Document)
The Ormiston Speech, at the Victorian Bar Association and the ramifications of the
separation of the Victorian Court as a Corporation known as ‘Business Unit 19’, by the
Parliament of Victoria (Inc.) was recorded in the Victorian Bar News, News and Views by
retiring Justice Ormiston.
Important Notice
Farewell Speech of the (late)
Please read the: -
Honourable Mr Justice William Frederick Ormiston
in its entirety which is attached at the end of this document.
This is the TRUTH about our Court System. (Public Document)
39
Year 2005
12-12-2005 the commencement of the Legal Services Board (LSBC) was put into play to
regulate every Lawyer in the State of Victoria (Inc.) in which this office and the Commissioner
relies upon the confirmed and current ‘Imperial Acts Application Act’, 1922 (Vic) (Public
Document) to summons Victorians into Court for purportedly ‘Acting like a Lawyer’.
Year 2004
Her Majesty, Queen Elizabeth II - Deleted and replaced by the ‘State of Western Australia
(Inc.)’, by the State Attorney – General, James McGinty and Governor Sanderson, in direct
contradiction to any Vote in Western Australia, by the AEC National Referendum in which a
majority of Western Australians voted to retain the Constitutional Monarchy, on the 6th
November, 1999.
Year 2002
‘International Criminal Court Act’, 2002, (Public Document) this Federal Statute Law
represented the foundation status of Australia to the creation of an Independent War Crimes
Tribunal, which is recognised by the United Nations New York by Agreement.
Corporations Act, 2001: - ‘No Votes Recorded’, this Bill did not receive a Second
Reading in the House of Representatives, and did not enter the Senate, for a First
Reading, and did not achieve ‘Any Votes Recorded’ in the Senate.
This was confirmed by Former High Court Justice Kirby, in the Case of Deputy
Commissioner of Taxation v Howard Racing, Broadbeach Properties Limited and Neutral
Bay Pty. Ltd., at the High Court of Australia, Brisbane, 2008. (Public Document)
The Corporations Act, 2001, Second Reading was requested by Justice Kirby and the
Queen’s Counsel for the Deputy Commissioner for Taxation could not provide same,
establishing at the highest court, the – Corporations Act, 2001- DOES NOT EXIST AT LAW.
This now renders all ABN registered entities as Null and Void following the first
reading speech by the Minister for Financial Services, The Hon. Joe Hockey MP, and a
motion seconded by The Hon. Joel Fitzgibbon MP, Federal Member for Hunter, NSW.
By default, and without any legal basis this Question of Fact that the,
CORPORATIONS ACT, 2001 DID NOT ACHIEVE THE SECOND READING IN either
house, Nullifies and Voids the Australian Taxation Office, which is not a department of
the Australian Government, it is a registered Corporation ABN. 51824753556 at Post Code
2640 in the Australian Capital Territory registered from the 1st of November 1999 (only 5
days prior to the National Referendum) and registered for Goods and Services Tax 1st July
2000.
40
Year 2000
On 5th September, 2000 the then State Attorney – General - Robert Hulls repealed the
‘Oath of Allegiance’ for all Lawyers from the ‘Legal Practices Act’, 1996 (Vic). He did so
without a referendum from the Victorian and/or the Australian Electors. This was a fraud on
all Victorian electors and has rendered all Lawyers, Solicitors and Barristers, Queen’s
Counsel, Magistrates, Judges and Justices, registered since the 5th September 2000, NULL
and VOID. They are not qualified to practice law under the Westminster system as per the
Supreme Court Act, 1958 (Vic) at Sections 14 & 15 which requires another National
Referendum as required by Section 128 to become valid.
Year 1999
23rd June 1999, the High Court Case – ‘Sue Vs Hill’ [1999] HCA30-CLR462
The High Court found that, at least for the purposes of section 44 (i) of the Constitution, the
United Kingdom is a ‘foreign power to Australia’.
According to Sue Vs Hill, the State of Victoria Incorporated, and the registered name the
‘Treasury Corporation of Victoria, Incorporated, and located at 1 Collins Street,
Melbourne, 3000 must also be considered a ‘Foreign Corporation’. Five months later, the
AEC holds its National Referendum, in accordance with section 128 of the Commonwealth
Constitution Act, 1900 (Cth) rendering the –
‘Treasury Corporation of Victoria (Inc.) – A Foreign Power in place of the State Government
of Victoria!
6th November 1999 - AEC National Referendum to vote on a ‘Republic’ or, retain the
‘Constitutional Monarchy’, the People of Australia voted in an overwhelming majority to retain
the Constitutional Monarch – Her Majesty, Queen of the United Kingdom, and the
Commonwealth (Including Australia).
From 1901 to the 3rd March, 1986, Australia had a reigning Constitutional Monarch, over and
above the Federal Commonwealth Government, which is suppressed and concealed from
the Australian Elector, since the disabled and defective ‘Australia Act (Requests) Act’, 1985
(Vic) Nullified and Voided Victoria’s request for the Australia Act, 1986.
On the 1st November 1999, ALL Government Institutions and Services and Utilities were
corporatized for the preparation of a Republic takeover.
On the 6th November 1999 The ‘Republic’ forces LOST and the Constitutional Monarch won
by a large majority.
On the 7th November 1999 the Corporatized Government DID NOT revert back to a
Constitutional Monarchy but chose to keep the Governments and Departmental Authorities
as a Corporations. (Please visit ‘ABN Lookup’ and type in any EX-Government entity).
41
Year 1996
Legal Practices Act, 1996 (Vic) - Invalid – Did Not Achieve ‘The Royal Assent’ and was not
enacted into a Victorian Constitutional Law, as this Act follows the ‘Australia (Acts) Request
Act’, 1985 (Vic), which did not pass and did not achieve the First reading with ‘Any Votes
Recorded’, Nullifying and Voiding the ‘Legal Practices Act’,1996 (Vic).
Year 1995
Criminal Code Act, 1995 (Fed) The Andrews Government are breaching this Federal
Government Act at - Division 134 ‘Obtaining property or a financial advantage by deception’,
to allowing the Unconstitutional Sheriff’s Office, under the ‘Department of Justice and
Community Safety’, which does not follow and adhere to the law, as a Sergeant of the
Department of Justice – Matt Whyte has demonstrated to a victim of Banking Fraud, in
November 2019, that he personally has never seen an ‘Execution Warrant’, as required
under section 57, the Magistrates Court Act, 1989 (Vic). John Nerurker CEO Mills Oakley
Lawyers (Inc.) instructed by Steve Johnston, Suncorp Metway Bank to the Sergeant and
nineteen (corporate) deputies forcibly stole a property in Narre Warren, removed a family
without one legitimate Supreme Court Writ in accordance with section 14 & 15, The Supreme
Court Act, 1958 (VIC) or a Warrant under Section 57 of the Magistrates Court Act, 1989
(Vic).
The Magistrates Court Act, 1989 (Vic) is also an ‘invalid’ Statute Law, following the disabled
‘Australia (Acts) Request Act’, 1985 (Vic).
Regarding Matt Whyte Sergeant of the Department of Justice Sheriffs Office (while wearing
a removable label and his car no longer carries the Imperial Crown of Her Majesty, Queen
Elizabeth II) did confirm he has not seen or witnessed an execution Warrant for the
repossession of a property in more than 14 years. Based on his testimony at the Pakenham
office, he has confirmed every property has been forcibly stolen by his office since 2005, has
breached section 81 of the Crimes Act, 1958 (Vic) obtaining of property by deception. This
contradicts the requirement and confirmation given by the Deputy Secretary and Chief
Counsel, the Department of Justice and Community Safety – Mr. Samuel Porter (See
attached exhibit).
The Sheriff’s Office, a trading name of the Department of Justice, has no lawful Act, does
not require of itself to comply with the Deputy Secretary and Chief Counsel, the Department
of Justice, and continues to steal properties, while the State of Victoria is in ‘Lockdown’, and
while the courts are closed to any and all public hearings. This is also a crime under the
Crimes Act, 1958 (Vic) at section 82, ‘Obtaining financial gain by deception’ in which both of
these sections (81 and 82) may incur a maximum ten-year imprisonment term for each
respective breach.
Year 1993
The Local Government Act, 1993 (NSW) also does not exist at law as all three readings
‘Did Not Record the Votes Required to pass into law, and this Act is also Nullified
because of the ‘Australia Act (Request) Act’, 1985 (NSW), which depends upon the
passing of the ‘Australia (Acts) Request Act’, 1985 (Vic) not achieving a first reading
and the necessary votes to be officially ‘Proclaimed’ and ‘Gazetted’ and ‘Royally
Assented’.
42
Year 1989
The Local Government Act, 1989 (Vic) did not record the required votes and also does not
exist at law as all three readings did not record any votes to pass into law and this Act
is also Nullified because of the Australia (Acts) Request Act, 1985 (Vic).
This was confirmed in the County Court of Victoria (Inc.) without question or rebuttal in a
County Court Case “Happy Homes Building Group Pty. Ltd. vs The Registrar, Land
Titles Office”, Victoria on the 31st January 2020.
Judge Cosgrave made a statement at the end of the first directions hearing, he did ask of
the applicant, “Are you saying Ms Williamson the Local Government Act, 1989 does not
exist” Williamson the applicant replied “No Your Honor, that responsibility belongs to
the Parliament of Victoria”. (Public Document)
Judge Cosgrave then rose from the Bench, without declaring a date for a second hearing,
requested by the Applicant and exited from the room, without an Australian Flag and without
any photo image of Her Majesty, Queen Elizabeth II, meaning the Court Room was a –
‘Ship in Dry – Dock’ and separated from the State of Victoria (Inc.).
The reason came from the Statement of Fact entered by the applicant that the Chief
Executive Officer, Bass Coast Shire Corporation (ABN) 81 071 510 240 Registered 1st July
2000 cannot and could not ever comply with –
Section 1, the Local Government Act, 1989, which refers to reliance upon Section 74A of the
Constitution Act, 1975 “democratically elected Councils”, in which the Constitution Act, 1975
(Vic) NEVER received the Royal Assent from Her Majesty, Queen Elizabeth II, the Bill was
only ever ‘Reserved for Her Majesty’s Pleasure’ as Governor Winneke oversaw this Bill
under the Fictitious ‘Queen of Australia’, and,
The ‘Local Government Act’, 1989 (Vic) DOES NOT EXIST AT LAW!
Year 1985
43
44
45
46
(Public Document)
Year 1975
Constitution Act, 1975 (Vic) DOES NOT CARRY ‘The Royal Assent’, from our ‘Constitutional
Monarch’, as this Bill was only ever –
As the Document was made under the ‘Queen of Australia’. This confirms by default the
Constitution Act, 1855 (Imp), an Imperial Act passed through the House of Commons is the
Stand-alone de-jure Constitution Act in Victoria, and can NEVER be amended or modified,
being a Law of Westminster. This Act is ‘Enshrined’.
Year 1974
5-12-1972 to 11-11-1975 - Whitlam Government was ‘sacked’ by the Governor – General, on
the basis of the Constitutional Crisis, when the Senate blocked Supply to the Australian
Government.
Year 1973
The Commonwealth Constitution was duplicated under the Whitlam Government to create
the amended – ‘Australian Constitution’ in 1975, which was never voted upon by the
Australian Electors.
Year 1958
Supreme Court Act, 1958 (Vic) did receive ‘The Royal Assent’, and Sections 14 & 15 of this
Act directly asserts the jurisdiction of ‘the Queen’s Bench and the Common Pleas and
Exchequer at Westminster’, this allows Australians to engage the –
‘Bill of Rights’, 1688 (Imp) (Our right to Sack a sitting Judge / Justice) and the
‘Act of Settlement’ 1700 (Imp) (Public Documents)
47
Crimes Act, 1958 (Vic) did receive ‘The Royal Assent’, and was passed in accordance with
Constitutional Law, however, The Victoria Police ABN: 63 446 481 493, an incorporated
entity, CANNOT RELY UPON THIS ACT, following the Victoria Police vs Sam Marotta case,
Case: J11067481, at the Magistrates Court, 27th August, 2019, in which it was proven, the
Victoria Police DO NOT STAND under the IMPERIAL CROWN, worn on their corporate
Badges, and NO COSTS or COURT ORDERS WERE MADE against the Defendant.
Year 1942
Imperial Acts Application Act, 1922 (Vic) passes into law under the Constitutional
Monarch, King George VI and affirms the Westminster System of Government in Victoria to
this day. (Public Document)
This Act is a current Constitutional Act of the Parliament of Victoria. Section 87, 88, 90, 91
& 92 of this Act is the central most important section of the Act as Relied upon by The
Commissioner, Fiona McLeay, Legal Services Board of Victoria, to prosecute individuals
purportedly ‘Acting like Lawyers’ by her reliance and dependence upon Section 87 of this
‘Constitutional Act’.
All lawyers since September 5th 2000, under the Attorney – General, Robert Hulls, a
member of the Brack’s Labor Government, have since been ‘Nullified’, and every lawyer who
unlawfully have passed their State ‘Practicing Certificate’ since that date to the present,
because he, Robert Hulls, unlawfully and illegitimately removed, in stealth, –
The Parliament of Queensland destroyed and Nullified its own Parliament, by dissolving and
removing the Legislative Council, and breached the Commonwealth Constitution Act, 1901
(Cth), by being the only Commonwealth State to operate without the Upper House or
Legislative Council, to this very day.
In the same year, the Parliament of Queensland, removed and dissolved the Legislative
Council, without a National or State Vote, as required by section 128, the Constitution of the
Commonwealth, 1901 (Cth) rendering the former State of Queensland from that date, down
to the ‘Territory of Queensland’, without the Electors of Queensland to be publicly
informed, that Queensland is under Administration of a Corporation.
48
Queensland must, according to Law, be renamed the ‘Territory of Queensland’, operating
without a ‘Legislative Council’, and for the past ninety – eight (98) years, has only ever been
on par with the ‘Northern Territory’ and the ‘Australian Capital Territory’, disrupting the
balance of the Commonwealth and the balance of the Senate, which is unlawfully carrying
an additional Ten Senators from Queensland who technically and lawfully, are sitting in
Fraud, to the Australian Electors, and this brings into question, the invalidity of the Bio
Security Act, 2015 and every other Bill, which lawfully now become ‘Ultra Vires’, due to this
fact:-
That the Australian Parliament, formerly the ‘Parliament of the Commonwealth of Australia’
is continuing to pass Bills with TEN additional Queensland Senators, who must be removed
– immediately, to comply with the Commonwealth Constitution Act, 1900 (Cth), technically
and lawfully, negates every Federal Law since the following Federal Elections after 1922
because Queensland has been sitting in fraud with 12 senators at the Parliament of Australia
since it dissolved it’s own Legislative Council.
Year 1901
Commonwealth Constitution, 1900 (Cth), this is the ‘Foundation Law’ of the ‘Commonwealth
of Australia’, the Federation of the Six States, and this was ratified by the Australian People
in the AEC National Referendum on 6th November 1999.
This is further endorsed by the Australian National BLUE ENSIGN FLAG which carries the
ENGLISH FLAG at the top left, which guarantees the Constitution of the Commonwealth and
all of the Laws of England, including the ‘Bill of Rights’, 1688 (Imp).
Year 1855
‘Constitution Act’, 1855 (Imp) - The Colony of Victoria, which only had the Power to amend,
not to create sensitive Legislative Bills, as this task was for the House of Commons, and the
House of Lords, UK, until the passing of the –
49
Under a ‘Freedom of Information Request’, delivered and accepted on 4th June, 2020, no
response has been received, and the only reply on the 4th July, 2020, was to seek an
‘extension’, for further time, to formulate a response, to the allegation that
‘No such letter was ever written to ‘Her Majesty, the Queen’,
and none will be recovered, leading to the allegation that the Victorian Electors have been
deceived by Daniel Andrews, which raises breaches of –
Now, following the public calls, and broadcast by Alan Jones on Sky News, we now call on
the ‘caretaker’ Governor, Linda M. Dessau to assume her responsibility and request the –
‘Premier of the ‘Treasury Corporation of Victoria’ (Inc.) ABN:97 552 308 966
Registered on the 1st November 1999 and the ‘State of Victoria (Inc.) ABN: 57 505 521 939,
Dan Andrews is solely responsible for the return of the virus, after the inexcusable failures of
the Hotel Quarantine program which was mishandled and showed the ineptitude of the
Andrews Government to manage this simple process, which has been proven by each other
State and Territory to control the outbreak.
Dan Andrews is solely responsible for the destruction of the Victorian, and now, following
Josh Frydenburg's statements, the unnecessary repercussions across the Australian
Economy, because of his lack of leadership and of his Health Minister, who are clearly unfit
for this critical time in Victoria's history.
Dan Andrews is only centred upon instructing his incorporated Victoria Police to issue the
most extraordinary fines in Australia - starting at $5,000 for not wearing a mask, when the
Public Health and Wellbeing Act, 2008 DOES NOT EXIST AT LAW!
50
This document will be distributed across Australia by Australians demanding that the source
of the destruction of Farming Families, Small Businesses and small and large companies
laying off thousands of employees, must fall on the shoulders of -
Dan Andrews, who must be removed and or 'Sacked from Public Office' by caretaker
Governor Linda Dessau, who must then resign herself, and the Governor - General of the
Commonwealth of Australia, General Sir David Hurley MUST call new elections, for
Victorians.
Every political recipient of this document including the leader of the opposition and all
politicians now become complicit to the above crimes of the State of Victoria (Inc.).
This document contains years and years of collective research and can all be fact checked.
Copies have and will be distributed to;
- Every Member of each State and Territory and the Federal Parliament.
- The broader media corporations, including foreign media corporations.
51
News and Views
T
HANK you, Ms Tate, Ms McMillan, Melbourne University by teachers such as the whole range of legal literature. On the
Ms Gale, for your very kind expres- Professor Zelman Cowen, Professor David Supreme Court itself, when I first came to
sions of goodwill on my retirement Derham, Harry Ford, Dr Norval Morris the court, I had such good friends as Peter
and for your very generous comments and Mr Arthur Turner, among others, and Murphy, Ken Marks and Sam Gray. Again,
about my career, especially on the Bench then at London University by Professor I had the good fortune to have as my first
of this Supreme Court. I have simply tried Gower, a young barrister called Robert Chief Justice Sir John Young and, as the
to do my best and I apologise that in doing Goff, Professor De Smith and Sir Jack first President of the Court of Appeal, Jack
so I have taken too long or have been Jacob. But then I have also been fortu- Winneke. So you may see that I was truly
unduly abrupt or crabby with counsel, nate enough to have had colleagues who spoilt in having such close friends and col-
who no doubt were doing their best with not merely knew and understood much leagues for whom an understanding of the
intractable material. law, but who were genuinely devoted to law was second nature.
If I have achieved anything, I ascribe it. So I shall mention a few friends and Through this all my wife Sarah and my
it largely to luck. I have had the good colleagues in the law, excluding those sons, in particular Simon and Charles, had
fortune to have had a tolerant family, very who are presently sitting. Of those who to put up with my comings and goings, my
excellent teachers and invaluable friends went from school to university with me odd hours, a view of the bald patch on the
and colleagues both at the Bar and on the I mention my old friends John Batt and back of my head and a distant lost look at
Bench. I began life as a spoilt only child, Jim Merralls, both of whose knowledge times when I should have been concen-
but that made it easier, when John Batt was and is encyclopaedic. Then, from my trating on them, rather than on some legal
said regularly, some 55, 60 or so years ago, university days right through my time at problem. I cannot begin to thank them for
that it was time to do our homework, for the Bar and ultimately also as colleagues their tolerance and understanding.
me to believe that there was no choice, from the outset of the Court of Appeal Then I wish to say something in par-
and so I had to do the same. I was lucky at were my good friends John David Phillips ticular about my staff, who likewise have
school in that having no sporting talents and Clive Tadgell. When I came to the Bar been supportive and understanding and
other than enthusiasm, I found study I had the special privilege of reading with have had to put up with my temperamen-
easier than sport. Having left school I had Dick Griffith, whose generosity included tal outbursts as the frustrations of judg-
the great good fortune to be taught at instilling in me a knowledge and love of ing and at those who control the courts
36
able to concentrate on the judicial func-
tion I was appointed to carry out, that
is, of deciding cases. The less I had to
be distracted by minor matters such as
the payment of bills and the making of
appointments and the sitting at the end of
phones waiting for the interminable music
to stop, the more I have been able to con-
centrate on reaching the correct decision
in each case.
Associates have a special loyalty
towards the individual judges who have
chosen them to act in that role, as in effect
their aides-de-camp, but I have considered
37
who have employed them, but with very should wish to leave the court at this time, constantly threatened by new legislation
little experience of the other judges or of before I reach my statutory retiring age or by new case law, including that of my
the Court as it functions as a whole, for of 72, and a small group have been kind own Court. I have begun to feel that I was
they move away within one or two years enough even to suggest and to try to per- desperately climbing up a large sand hill,
to their appointed callings, either as bar- suade me to stay in office until that time. where the sands keep on sliding away so
risters or solicitors. They may well be, and Now I will acknowledge that I have gained that I keep treading at the same level, with
frequently are, bright, qualified lawyers great satisfaction from my time as a judge, the pinnacle just as high, but somehow of
— some of my best friends have held whether hearing trials or deciding appeals. a constantly changing appearance. For
such offices in the past — and many are In more general terms I have likewise example, I once knew something about
very conscientious, but I do not believe gained much pleasure from studying the the Companies Act, simply and beauti-
that those persons should be engaged or law in all its aspects, whether in acquiring, fully drafted in 1957, but the modern
used as surrogate judges to do a judge’s as has been essential, an understanding of gargantuan, The Corporations Act 2001,
research or judgment writing except as the rules of court and of evidence, or in defies consistent and intelligent analysis,
a most basic level. I would deprecate studying, on the other hand, the historical especially when the section numbers keep
strongly the thought of any associate basis of some common law or equitable chopping and changing.
drafting a judgment. That is the task that principle. More especially I have enjoyed The next burden, one that has really
we judges have been engaged to do and the company of my fellow lawyers for 44 started to depress me, is the volume of
for which we are paid not inconsiderable years; 22 years at the Bar and 22 years reading required for each appeal. Every
salaries. It is not a task to be delegated. with my colleagues on this Bench. I think night, as many of you know, I have packed
The result of recent changes is, I very it will be a shock next Monday to realise away in my bags volumes of appeal books,
much regret to say, that the old style asso- that I shall not be wending my way in, as pages of submissions and lever-arch file
ciate and tipstaff, without legal training, usual, to my chambers, where, as barrister after lever-arch file of ever-changing
are being seen as unsuitable to give judges or judge, there was always somebody who authorities. Moreover, it seems that we
so-called “modern” support. By contrast, would put up with my chatting about the are under instructions from on high to
the new cadre’s lack of experience is law or who would merely pass the time read every exhibit and every page of tran-
already evident, and their knowledge of of day. I shall miss the collegiate aspect script for certain appeals, whether civil or
the law is frequently superficial and not of both institutions, though I may come criminal, such that I have been spending
burdened by the kind of experience that back to the Essoign Club occasionally for more of each weekend than before, and
a judge should bring to the task. As the lunch. well beyond one o’clock every morning,
old staff are pushed out of the Court and I must explain briefly what has per- just to get myself ready for a particular
into “redeployment” in the Public Service, suaded me to go. The truth is, though I appeal or appeals, so finding it harder
if they can tolerate it, so the administra- have still enjoyed writing judgments, or and harder to get around to writing the
tion of the Court will deteriorate for want some of them, that task has at my age judgments already reserved. So I have just
of loyalty and of experience in its day to become much more burdensome to me. become too slow for the task. The profes-
day running. Whatever understanding I felt I had at last sion and the public rightly have called for
Some of you have enquired why I gained of some aspect of the law has been prompter and more succinct and practical
I I
Phillips were endorsed on 2 June 2005 by tive through the Department of Law As part of Victoria’s constitutional arrange-
Justice Batt, not a man known for exces- and which is categorised as an admin- ments, the Supreme Court is the third arm
sive flamboyance or hyperbole. Justice istrative unit, “Business Unit 19”, can, of government.
Batt said: without constant effort, difficulty and self-
sacrifice, properly fulfil its vital role of This beautifully spun message does
At his farewell less than three months preventing abuse of government power, not (as might first appear from the sub-
ago, Mr Justice Phillips spoke eloquently of standing between the individual and editor’s headline “Chief Justice Rejects
about the importance of judicial independ- government and ensuring that we have Interference Claim”) negate or deny
38
judgments and I cannot keep up with that 7. But I shall also try to use it to learn or level in this state and, if it occasionally
demand. It is better that I pass the baton brush up a language or two. I once had an goes wrong, then so far that has been
on to those who are younger and fitter ambition to be an architect, but I couldn’t relatively rare. But the range of cases that
than I am. draw a circle or even a straight line, and are heard are important to the community
But the third burden, one that I find my mathematics suffered accordingly, but in every sense. There is hardly any form
truly intolerable, is the constant inter- I shall still travel the world with architec- of civil claim that cannot be considered by
ference by the bureaucracy. I shall not ture handbooks in my luggage, whereby I the Court, even at times it is confined to
expand on this for I have mentioned one can combine my interest in both that sub- legal review of what is resolved in some
aspect already, and J.D. Philips said all ject and in history by visiting cathedrals, tribunal. But to my way of thinking the
that could be said last year. It is enough to churches, castles and chantries. Then, administration of the criminal law, and in
say that, whatever I might have continued if my wife allows me, I can spend more particular its proper review by the Court
to do, constant nagging irritations from time watching the cricket as I used to, but of Appeal is essential to a civilised and
the Department (and its representatives this time using Foxtel to bring me cricket just community. What is decided by the
within the Court) and its ignorant med- from, say, South Africa or India. And those court on a day to day basis is critical to
dling, though most “plans” have been books that everybody has spoken about; I the balance between citizen and State,
recycled a number of times in my judicial have actually removed most of those law between citizen and citizen and between
career, thereby rarely containing little books and sold them, not at very great proper discipline and the reasonable
more than superficial window dressing, sums, if I might say so, but it is amazing freedom of individuals, so that the rule
I I
has become a constant distraction which what books I have discovered, bringing of law can be maintained in a way which
I can no longer tolerate. I could go on and them all down from on high to below, all preserves the public’s interest in general.
on, but the fate of Business Unit 19 (as those little books on 18th century poetry There are many judges who will maintain
once was the unhappy description of the and the like, or on music or on art; books that respect for the law and who will
Court) has left me in despair. So I will feel that I had forgotten all about. So I am continue to sit on this Court. I know that
an enormous burden has been lifted from going to get great pleasure just at picking they will do their best to ensure for the
my shoulders when Friday night arrives. those off the shelves and reading them people of this State that the law is duly
You may ask what I will do and to that I again, or perhaps for the first time. And administered, without fear or favour, for
must confess that I am unsure what other I might try a little writing, though I think all affected by it.
modest talents I have. Certainly nothing my reminiscences would be unutterably Thank you all so very much for coming
that requires eye and hand coordination, boring and full, I am afraid yet again, of and allowing me to indulge myself today
but I shall try to adapt new gadgetry and interminable sentences! once again. I am sorry that my reasons
ideas to some interests and pleasures I had Enough of complaints and my desires have again been so long. I am touched
when I was young. For example, I can use in old age. I must finish by saying how greatly by your generosity and good
my new computer to revert to listening important I believe is the administration wishes.
to those hardy old series, “Much Binding of justice and this Court’s role in it. In Adjourn the court sine die.
in the Marsh” and “Take it from Here”, particular the Court of Appeal in practi-
as transmitted on-line from BBC Radio cal terms supervises justice at the highest
the validity of the complaints made by The first sentence can only be cat- resents the only restraint on executive
Ormiston JA. Rather it highlights the egorised as totally inaccurate and as action, the only body which can in any
concern which we should have at any patronising in the extreme. Apparently way stem the erosion of individual rights
psychological or other pressures inhibit- the Attorney-General does not believe by a government concerned to “protect
ing in any way the independence of the that there is any truth whatsoever in democracy” regardless of the price.
third arm of government. the adage: “He who pays the piper calls Every bureaucratic or psychological
The response of the Attorney-General the tune.” The second sentence suggests impediment, which makes the role of the
(apparently speaking as a member of the that the Courts are becoming irrelevant judiciary more difficult, strengthens the
executive and not as the first law officer and will only remain relevant with the power of the executive and undermines
of the Crown) to Justice Ormiston’s com- assistance of the executive. This is a the rule of law.
plaints reveals the (somewhat alarming) worrying suggestion at a time when most A unanimous Bench of three mem-
attitude of government. The Age quotes lawyers are aware of the increasing need bers of the Court of Appeal, first Justice
the Attorney-General as follows: for a stronger and independent judiciary Phillips, then Justice Batt and finally
if the rule of law is to survive. Justice Ormiston, appears to have found
Despite Justice Ormiston’s somewhat There are three arms of government, that such impediments exist. This is
vague and non-specific comments about a executive, legislature and judiciary. In a matter which should alarm thinking
hard-working public service, he has served this country, where there are only two members of the legal profession.
the judiciary well over a long period of significant political parties, both strongly It is an issue on which the Bar Council
time and is entitled to express his view disciplined, the executive (generally) should formally record its concern and
at his farewell. The government will con- exercises de facto control of the legis- one which it should, as a matter of
tinue to work with the Courts to ensure lature. The judiciary is the only arm of urgency, raise for discussion with the
they remain relevant in the twenty-first government which is truly independent Attorney-General.
century. of the executive. Consequently, it rep- Gerard Nash QC
39