FURTHER UPDATES TO WRITS OF MANDAMUS & - TopicsExpress



          

FURTHER UPDATES TO WRITS OF MANDAMUS & PROHIBITION AFFIDAVIT 1. I received your letter dated 8th October 2014 in which you stated that I filed an application to show cause on 23rd September 2014. 2. You advised that on 7th of October 2014 Justice Gageler directed the registrar to refuse to issue this process without the leave of a Justice first had and obtained. The direction was made pursuant to Rule 6.07.02 of the High Court Rules. 3. As you are aware or should be aware rules are guidelines and cannot be applied with any force to the Sovereign People of Australia as that would grant legislative authority to the Judiciary contrary to the Commonwealth Constitution 1901 and Lane v Morrison HCA 29 of 2009. 4. I got it wrong when I made that application and hereby file another Writ of Prohibition and Mandamus under Provisions of Section 75 ss 5 of the Commonwealth Constitution 1901. 5. I quote direct from a statement of retired the Hon. Justice Michael David Kirby achievement of our law. The provisions of S 75 (v) of the Constitution represents one of the few truly novel inventions of the founders. That paragraph permits any person claiming that an officer of the Commonwealth has acted in breach, or neglect, of jurisdiction and powers to come directly to the High Court of Australia for relief under the Constitutional Writs. 6. 75 ss (v) In all matters:- (v) In which a Writ of Mandamus of Prohibition or an Injunction is sought against an Officer of the Commonwealth: - the High Court shall have original Jurisdiction. 7. The Writs are written within the meaning of 75 in as much as the States are created under Chapter 5 of the Commonwealth Constitution 1901 and under Chapter 2 of the Commonwealth Constitution 1901. 8. The Writs are issued as a matter of right and cannot be considered to be vexatious, frivolous, or an abuse of process and a simple reference to 75 (v) of the Commonwealth Constitution 1901 shows that the Jurisdiction is also correct. 9. I respectfully demand that you file our Writs and number them so we can serve them on the recipient. 10. As you are aware you and anyone who assists you can and will be brought into account if you fail to comply.
Posted on: Tue, 14 Oct 2014 09:05:01 +0000

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