Australia: The legal system in WA: one big conspiracy?

Courts in Western Australia in the past few years have been subjected to a plague of self-represented litigants who are taking up the time of judges and magistrates in defending themselves against (mostly minor) charges with a barrage of unfounded conspiracy theories – where socialists are removing the Queen and God by covert means and courts and local governments are “unconstitutional”.

The removal of the references to “God” and “the Queen” in State legislation seem particularly to incense the litigants but they are also keen to preserve what they see as their rights as landowners and citizens.

Despite a number of decisions refuting the various arguments raised by these litigants, a significant number continue to believe in the theories and there is no doubting the role of the internet in disseminating the idea.

The litigants, possibly inspired by similar movements overseas, refuse to recognise the authority of the Magistrates and District Courts who, they say, are unable to administer the law in WA after the Acts Amendment and Repeal (Courts and Legal Practice) Act 2003(WA) removed references to “the Crown” or “the Queen” and replaced them with “the State” or “the Governor”. The protests against this Act have resulted in defendants refusing to recognise the Court’s authority, or alleging that the Court is in fact a Corporation to which they are not subject. Accordingly, they argue, they cannot be found guilty of speeding, or assault, unlawful development etc.

It is not clear what the litigants mean by “corporation”, although according to one internet writer “When Western Australia removed the Crown, they excluded Almighty God and embraced both Socialism and Secularism and at the same time aborted the Constitution of the Commonwealth of Australia and traded themselves into the secret world of the Corporation of the City of London…” 1 This Corporation is alleged to be in charge of “all law and finance” and it “manipulates the Constitution via the Lawyers, Judges and Courts” in Australia.2

The following passage is from Hedley v Spivey [2012] WASCA 116:

“After the court attempted to explain to the appellant the requirement and test for the grant of leave to appeal and his failure to comply with the Supreme Court (Court of Appeal) Rules, the appellant (Mr Hedley) responded:

‘First of all, ma'am, we need to establish is this a jura court sitting under the Crown, before we even hear what you're saying, ma'am. Is the jurisdiction of you three judges sitting in a crown court - is this a jura court? I served you a notice yesterday, right, to clarify your standing. Is this a jura court or are you a corporation?’“ 3

The court, having declined to answer the question, refused Mr Hedley leave to appeal against his conviction for obstructing a public officer. He had done so on the grounds that the magistrate erred in fact and law:

  1. “ When he refused to sit under ch III of the Commonwealth of Australia Constitution 1901;
  2. When he failed to swear his oath of allegiance to the Crown in accordance with the third schedule of the Commonwealth of Australia Constitution Act 1901; and
  3. When he refused to state where in the Commonwealth of Australia Constitution 1901 his authority to sit in the court comes from without having sworn an oath of allegiance to the Crown.”4

The litigants also often refuse to answer to their given names, insisting that names are a “legal fiction” – Mr Hedley again:

“The appellant acknowledged that he had filed and signed an appeal notice in the name 'Scott McKenzie Hedley' but continued: ‘I'm not Mr Hedley. Please do not call me by that name. All right? That is a legal fiction and I'm not a corporation.’” 5

In the case of Krysiak -v- McDonagh [2012] WASC 270 Justice Heenan recounts the attendance of Mr Krysiak before Magistrate Calder:

“When the case was called a person, presumably the applicant, came forward but upon being asked to identify himself he refused, preferring instead to make submissions to the effect that he reserved all his rights and again refusing to identify himself, saying, 'I reserve all my rights and I am best described as the authorisation to the accused with limited liability'. His Honour refused to allow this person to speak further unless and until he clearly identified himself and directed him to sit in the back of the court. Again, but with some protest, the person who had come forward did so. Then his Honour, having observed that there was no person in the court who had identified themselves as having the name Krysiak and being the accused, directed that the case should proceed in the absence of the accused under s 55 of the Criminal Procedure Act 2004 (WA), it having been established that notice to the accused had been given under s 75.

“At this point, his Honour announced, obviously speaking to the person at the back of the court, that if he were Tadeusz-Edmund Krysiak and identified himself as that person he could participate in the proceedings but, if not, he would not be allowed to participate and the matter would be dealt with under s 55. At this point, Mr Krysiak identified himself and when asked who he was said, 'I am commonly known as Tadeusz-Edmund Krysiak' and when asked if that was his name he said, 'I don't have a name, sorry, your Honour' and at that point his Honour decided to proceed under s 55 as previously proposed.”

In his appeal, Mr Krysiak cited the Magna Carta and the Bill of Rights 1689, as well as the Commonwealth Constitution, in his grounds of appeal.

As well as the Courts, local governments too are “unconstitutional” because they are nowhere referred to in the Commonwealth Constitution (and the WA Constitution Act of 1889, which does refer to them, is dismissed by the litigants), so the litigants refuse to pay rates or accede to planning or other legislation in which the local government prosecutes.

However, thanks to the persistence of these litigants, there is now a significant body of case law in WA which means that the courts can more quickly deal with these litigants’ cases by refusing them leave by deeming that the grounds of appeal have no “reasonable prospect of success” (under s9(2) of the Criminal Appeals Act 2004).

Two recent cases particularly give cause for hope that the slew of actions may subside, thanks to Wayne Kenneth Glew (“I am a Commonwealth Public Official no 481861701013 my name is Wayne Kenneth of the family Glew, a sovereign subject of and a sworn officer of Her Majesty Elizabeth the second lawful sovereign of Australia, Queen of England and Northern Ireland”). 6

In Glew v White [2012] WASCA 138 the full court referred Mr Glew to the Attorney General, inviting an application to have Mr Glew declared a vexatious litigant, given his long history of bringing and defending cases on extraordinary grounds (Glew v Shire of Greenough [2006] WASCA 260; Glew Technologies Pty Ltd v Department of Planning and Infrastructure [2007] WASCA 289; Glew v The Governor of Western Australia [2009] WASCA 123; Glew v Frank Jasper Pty Ltd [2010] WASCA 87; Frank Jasper Pty Ltd v Glew [No 2] [2010] WASC 24 and Glew v City of Greater Geraldton [2012] WASCA 94). 7

In Glew v the City of Greater Geraldton, the Court awarded indemnity costs against Mr Glew - an unusual step where a party is self-represented. The Court noted in that case that: “The grounds of appeal have no prospect of success. Some regurgitate grounds that have been dismissed by this court before and the rest are manifestly hopeless. The appeal is an abuse of process and it is an appropriate case for an order that the appellant pay the respondent's costs on an indemnity basis.”

It is to be hoped that the precedents now created on the matters of law and of costs, together with the use of preliminary “leave hearings” to determine the question of leave to appeal before any substantive hearing of an appeal under s9 of the Criminal Appeals Act 2004, will mean that such litigants will not feature so strongly in WA’s courts in future.


1B Shaw “The Australian Election was a Fraud”, page 4

2Op cit, page 2

3Hedley v Spivey [2012] WASCA 116 at 17.

4Op cit at 5

5Op cit at 16

6Glew v White [2012] WASCA 138 at 5

7Glew v City of Greater Geraldton[2012] WASCA 94 at 11

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Kott Gunning is a proud member of

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions