Form 6 (version 3)

Rule 14.3
DEFENCE
COURT DETAILS
Court SUPREME COURT - NSW
**Division Common Law
**List XXXXXXX
Registry Sydney
Case number XXXX of 2008
TITLE OF PROCEEDINGS
THEIR NAME
[First] plaintiff
**Number of plaintiffs XX

[First] defendant YOUR NAME

**Number of defendants XX
FILING DETAILS / ADDRESS FOR SERVICE
Filed for YOUR NAME
Address for service YOUR ADDRESS OR SOLICITORS
** Telephone YOUR NUMBER OR SOLICITORS
** Fax YOUR NUMBER OR SOLICITORS

PLEADING AND PARTICULARS

The defendant relies on the following facts and assertions:

Constitutional and Jurisdictional Submissions

1 The matter before the Civil Division of the Supreme Court of New South Wales at Sydney
depends upon the valid appointment of the Governor of the aforesaid State and the valid
appointment by such State Governors of Justices of the aforesaid court.

2. The laws pertaining to the use of the Royal Sign Manual, under which the Commission of
Appointment of the Governor of New South Wales is issued are solely domestic laws of the
United Kingdom of Great Britain and Northern Ireland and therefore lie outside the
jurisdictional authority of the courts of New South Wales.

3. On 7th May 2001 the Attorney General of the Commonwealth, in response to an

application under the Freedom of Information Act 1982 (Cth) stated that no documents exist
conferring authority or rights of usage in respect of the Royal Sign Manual upon the Queen
of Australia. The rights of usage in respect of the Royal Sign Manual are held exclusively
by Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland by
virtue of legislation of the United Kingdom Parliament.
See Annexure “A”
This is confirmed in Halsbury’s Laws of England, Vol 8(2), Para 908.
See Annexure “B”.

4. The appointment of any Governor of the State of New South Wales who allegedly
appointed Justices of the Supreme Court of the aforesaid State was defective and void since
the source of his authority derived directly from a Royal Prerogative, which did not, and
does not, exist in Australian legislation or law.

5. As a direct consequence of the appointment of New South Wales Governors being

defective and void no lawful appointment of Justices of the Supreme Court in that State was
ever valid. Consequently, this matter must be dismissed.

6. The Proclamations issued subsequent to the Australia Act, 1986 (Cth) allegedly
appointing Governors of the State of New South Wales are stated to be pursuant to
Commissions issued under the Sign Manual by QUEEN ELIZABETH THE SECOND,
Queen of Australia and Her other Realms and Territories.

7. The aforesaid Commissions further state, inter alia "Passed under the Royal Sign
Manual …”

8. The Royal Sign Manual referred to in the aforesaid Commissions is comprised of a

number of enactments of the Parliament of the United Kingdom of Great Britain and
Northern Ireland, (such as the Great Seal (Offices) Act 1874, the Crown Office Act 1877, the
Great Seal Act 1884 and the Clerk of the Crown in Chancery Act (1874)) empowering the
Queen referred to in Section 2 of the Commonwealth of Australia Constitution Act 1900
(UK), to sign.

9. The United Kingdom Acts creating and governing the use of the Royal Sign Manual were
not adopted as Australian law under the Statute of Westminster Adoption Act, 1942 (Cth).

10. Authority does not exist in any enactment creating the Royal Sign Manual for the Queen
of Australia - as a separate Monarch from the Queen of the United Kingdom of Great
Britain and Ireland or the Queen of the United Kingdom of Great Britain and Northern
Ireland - to sign a Commission under the Royal Sign Manual appointing a Governor for the
State of New South Wales in the manner which the aforesaid Commissions purport to be
signed. The Foreign and Commonwealth Office in their reply to a query form Mr. W.
Boulton, dated 11 June 2003, confirmed this point.
See Annexure “C”.
11. Authority does not exist to use the Royal Sign Manual for the appointment of a
Governor for the aforesaid State under the aforesaid Commission. No such executive
authority has been conferred on the Queen of Australia to appoint such a Governor either by
the law of the Commonwealth of Australia or that of the State of New South Wales.
Moreover, no such executive authority has been conferred on the Queen of Australia to
appoint such a Governor by any legislation of the Parliament of the United Kingdom of
Great Britain and Northern Ireland. An examination of the records of the Privy Council of
the aforesaid kingdom likewise reveals no authorisation by that council for Queen Elizabeth
II to make such an appointment.

12. The Defendant further submits that Royal Assent given by the Governor of the State of
New South Wales to the appointment of Justices of the Supreme Court of that State is
defective and cannot be rectified. Consequently, the ability of Justices of the aforesaid court
to hear and determine matters of law is voided and any decisions so made by such Justices
can have no effect in law.

PARTICULARS

13. The right to use the Royal Sign Manual is not one of the Royal Prerogatives which exist
as inherited rights of the Monarch and therefore cannot be used without the consent and
approval of the government of the United Kingdom of Great Britain and Northern Ireland -
as prescribed by United Kingdom law, see paragraphs 8 and 11 above. As such, the
appointment of Orders, Warrants and Commissions as identified in the Sign Manual are
subject to Orders in Council from the Privy Council granting the monarch the authority to
sign such instruments as Commissions and Letters Patents. See Halsbury’s Laws of
England, Paras. 907 and 920,
See Annexure “B”.

14. The courts of New South Wales have no jurisdiction over the laws that control the use of
the Royal Sign Manual. These are laws of the United Kingdom of Great Britain and
Northern Ireland alone and no jurisdictional rights over these laws have been delegated to
the parliaments or courts of the Colonies, Dominions, States or Commonwealth of Australia.
This has been further confirmed by the Foreign and Commonwealth Office in their reply to
a query form Mr. W. Boulton, dated 11 June 2003, where they state:

“The Queen, in her role as Head of State of the United Kingdom and as such advised
by British ministers, has no executive power exercisable within the Commonwealth
of Australia. The monarch’s role as Queen of Australia is separate from her role in
relation to the United Kingdom and in its fulfilment she is advised by Australian
ministers.”
See Annexure “C”.

15. Neither the Commonwealth of Australia Constitution Act 1900 (UK) nor any of the
constitutions of the States or Territories of the previously referred to Commonwealth
contain any inherent or implied authority over Acts of the Imperial Parliament such as the
Crown Office Act 1877, the Great Seal Act 1884 the Great Seal (Offices) Act 1874 as
amended and the Clerk of the Chancery Act 1844.

16. The Commonwealth Attorney General’s Department has admitted in a response dated 7th
May 2001 to a Freedom of Information Application dated 11th April 2001, that no
documents exist from the United Kingdom government or parliament conferring on the
Queen of Australia - as a separate national monarch - the right to use the Royal Sign
Manual.
See Annexure “A”.

17. No Commonwealth or New South Wales legislation exists in relation to the conferring
or use of the Royal Sign Manual within the Commonwealth of Australia or the aforesaid
State.

18. The use of the Royal Sign Manual is therefore a clear and unequivocal statement that the
authority being applied is that of the Parliament of the United Kingdom of Great Britain and
Northern Ireland as delegated to the monarch of the United Kingdom at the time.

19. In the context of the United Kingdom of Great Britain and Northern Ireland, the
Westminster Parliament of the United Kingdom holds sovereignty and the monarch is the
symbol of that national sovereignty. The use of the Great Sign Manual by the Monarch is at
the discretion of the Privy Council and this is signified by the Council issuing an Order in
Council to the Monarch authorising her to use the Great Sign Manual to give effect to the
wishes of the Parliament. This is the procedure required by the United Kingdom parliament
in the issuing of Letters Patents for, “… conferring titles, offices and authority to perform
particular functions…”
See Annexure “B”, Para. 920. Letters Patent and other documents under the Great Seal.

20. In the alternative, where the Plaintiffs claim that the authority of the Governors of the
State of New South Wales was valid and consequently that appointments of Justices of the
Supreme Court of New South Wales were validly and lawfully made, then upon production
of the Order in Council from the Privy Council authorising the Queen of Australia to give
due authority under the Great Sign Manual to the aforesaid Governors I will obey all New
South Wales laws and consent to any decisions of the aforesaid court. Until such time as the
Plaintiffs can verify the validity of the appointments of the previously mentioned Governors
at the time of Royal Assent being given to such judicial appointments this matter must be
adjourned and stayed pending the production of the said Orders in Council to this court.

David Claude Fitzgibbon-v-Her Majesty’s Attorney General of the United Kingdom of

Great Britain and Northern Ireland

21. I advise and ask this Court to note that the matter of David Claude
Fitzgibbon-v-Her Majesty’s Attorney General of the United Kingdom of Great
Britain and Northern Ireland was heard before His Honour Justice Lightman of the
Chancery Division, High Court of Justice, Royal Courts of Justice on Monday, 31st
of January and Tuesday, 1st of February 2005. The Judgement in that aforesaid
matter was delivered on Wednesday, 9th of February 2005. This judgement is
available from the Internet.

22. In paragraph 16 of his judgement, Justice Lightman of the High Court of

Justice, Chancery Division stated, “It is for the Australian courts to apply Australian
law to

determine the capacity in which HM the Queen is acting, the appropriate seal and
the consequences (if any) if the wrong seal is used.” However, as Mr. Fitzgibbon’s
litigation deals inter alia with matters contained in this my Notice of Grounds of
Defence the better course would be to await the decision of the European Court of
Human Rights which has advised that no defence to Mr. Fitzgibbon’s claim has
been filed and that the time allocated for such a filing by the government of the
United Kingdom of Great Britain and Northern Ireland has expired.
23. I have received advice that as the decision of Lord Justice Waller and Sir
William Aldous of the Court of Appeal Civil Division on Thursday, 21st April, last
effectively wipes out the protections afforded by the European Convention on
Human Rights for the approximately fourteen millions of British citizens living
outside of the United Kingdom it is felt that Mr. Fitzgibbon’s litigation will be
treated with an unexpected urgency.

24. Although I appreciate that this court is not subject to the jurisdiction of the
European Court of Human Rights, nonetheless the decision in Mr. Fitzgibbon’s case
will affect all of the parties involved in my case – including the presiding Judicial
Officer. These consequences arise – in part - from the provisions of the Human
Rights Act, 1998 (U.K.).

25. I submit that it would be prudent that no decision be handed down in my case
until such time as a decision in the matter of David Claude Fitzgibbon-v-Her
Majesty’s Attorney General of the United Kingdom of Great Britain and Northern
Ireland has been delivered by both the European Court of Human Rights and the
European Court of Justice.

26. I appreciate that the Plaintiffs will oppose such a delay and that this court
may well dismiss my request. This opposition will be in spite of both the Court’s and
Plaintiffs’ limited understanding of the grounds of the Fitzgibbon case and will be
assisted by the fact that neither have any knowledge of the documentary evidence to
be relied upon or discussions that have taken place between the parties to those
proceedings. Despite my providing information that will allow both this Court and
the Plaintiffs to easily make their own inquiries as to the validity of the issues I have
raised it is expected that no investigation has been or will be undertaken.
Nonetheless, I have merely sought to place the facts upon the record and the
consequences that have been outlined to me by numerous people involved with Mr.
Fitzgibbon’s European litigation. I am also aware that the Chief Justice of the
Supreme Court of New South Wales has been served with documentation relating to
Mr. Fitzgibbon’s claim.

27. I am aware of recent advice that has been issued by the Crown Solicitor’s
Office of New South Wales, however for the benefit of both the Court and the
Plaintiffs in my matter I herewith provide the following internet web references
which provide some information pertinent to the matter of David Claude
Fitzgibbon-v-Her Majesty’s Attorney General of the United Kingdom of Great
Britain and Northern Ireland and ipso facto, this my Defence.

www.basicfraud.com
http://www.members.westnet.com.au/unrealneil/index_files/Page389.htm
http://www.google.com/search?sourceid=navclient&ie=UTF-
8&rls=RNWE,RNWE:2005-05,RNWE:en&q=david+fitzgibbon+lightman

http://lists.enzyme.org.nz/pipermail/anarchynz_lists.enzyme.org.nz/2004-
December/000012.html
http://www.worldlii.org/ew/cases/EWHC/Ch/2005/114.html
http://www.hiddenmysteries.org/themagazine/vol14/articles/timebomb.shtml
 28. Alternatively, should this Court wish to proceed I have received advice that I
will be able to seek compensatory damages in a British Court under the provisions of
the Human Rights Act, 1998 (U.K.) once the judgement has been given by the
European Court of Human Rights and the European Court of Justice. I have also
been informed that British solicitors and senior legal counsels will pursue such
claims with no fees payable until successful completion of such litigation.

29. A copy of Statements of Claim bearing plaint number 10503/06, together with a
copy of this my Defence have been forwarded by way of airmail to Elizabeth II,
Queen of the United Kingdom of Great Britain and Northern Ireland advising her
that as these actions are being taken in her name and before a court that displays her
Royal Coat of Arms, once a decision is given in Mr. Fitzgibbon’s case I will be
taking legal action for compensation against her personally and/or her government.

Non-Constitutional Grounds of Defence

30. FILL THIS SECTION IN WITH ANY OTHER LEGAL ARGUMENTS OF
YOUR OWN THAT YOU MAY HAVE.

……………………………………..
YOUR NAME
DATE

Attachments – X pages

SIGNATURE
YOUR SIGNATURE
Signature
Name YOUR NAME

Date XX / XX /200X
**AFFIDAVIT VERIFYING
Name YOUR NAME
Address YOUR ADDRESS
Occupation XXXXXXXXX
On [date], I **say on oath/**affirm:
1. I am the [first] defendant.
2. I believe that the allegations of fact contained in this defence are true.
3. I believe that the allegations of fact that are denied in this defence are untrue.
4. After reasonable inquiry, I do not know whether or not the allegations of fact that are
not admitted in this defence are true.

**SWORN/**AFFIRMED at

Signature of deponent
YOUR SIGNATURE

Signature of witness

Name of witness

Capacity of witness

**Address of witness

[On separate page]

HOW TO RESPOND

You can respond by:

• Filing a reply if the proceedings are in the Supreme Court or the District Court
• Seeking leave to file a reply if the proceedings are in a Local Court.

You can get further information about the forms that need to be filed to respond from:
• The registry
• A legal practitioner
• LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.
REGISTRY ADDRESS

Street address Law Courts Building, Queens Square

Level 5, 184 Phillip Street, Sydney 2000
Postal address GPO Box 3, Sydney 2001
Telephone (02) 9230 8111

[On separate page]

PARTY DETAILS

Parties to the proceedings

PLAINTIFF[S] DEFENDANT

THEIR NAME YOUR NAME

FURTHER INFORMATION ABOUT DEFENDANT[S] FILING THE DEFENCE

[First] defendant
Family name OR company name YOUR SURNAME OR COMPANY NAME
Given names OR ACN CHRISTIAN NAME OR ACN
Address YOUR ADDRESS
**Telephone YOUR NUMBER
**Fax YOUR FAX (if applicable)

[On separate page]

HOW TO COMPLETE THIS FORM

THESE INSTRUCTIONS ARE NOT TO BE FILED

Do not include any information about the proceedings on this part of the form. In these
instructions, UCPR means the Uniform Civil Procedure Rules 2005.

** OPTIONAL INFORMATION
Some information in this form may not be relevant to your proceedings. An item marked
with ** may be omitted if it is not relevant to your proceedings.

COURT DETAILS / TITLE OF PROCEEDINGS

Copy this information from the originating process.

FILING DETAILS / ADDRESS FOR SERVICE

Include details about:
• the defendant for whom the form is to be filed (eg. first defendant)
• the defendant’s address for service. This must generally be within New South Wales
(see UCPR 4.5).

If the defendant is represented by a solicitor:

• the address for service must be the office of the solicitor or the solicitor’s agent
• the name of the firm, its ACN or ABN number, telephone number and street address
must be included
• a DX address and/or email address can be included if service will be accepted by DX or
by email (see UCPR 10.5(2))
• the solicitor’s reference number and court user number may be included.

If the defendant is not represented, information must be included about the defendant’s
business or residential telephone number, fax number and email address, if any.

PLEADING AND PARTICULARS

Use numbered paragraphs. List the facts and assertions on which you are relying. For
further information, see UPCR Part 14.

SIGNATURE
This form must be signed by:
• The solicitor for the defendant, a solicitor belonging to the same firm or organisation as
the defendant’s solicitor, a solicitor acting as agent for the defendant’s solicitor, or a
solicitor belonging to the same firm or organisation as the defendant’s solicitor’s agent.
• If the defendant does not have a solicitor, an authorised person, or the defendant.

Include information about the capacity in which the person is signing the form.

AFFIDAVIT VERIFYING
You must verify this form by affidavit if you are filing it in the Supreme Court or District
Court, unless you are defending a claim for damages for:
• Defamation
• Malicious prosecution
• False imprisonment
• Trespass to the person
• Death
• Personal injury.

If you are verifying the form on behalf of the defendant, replace paragraph 1 with the
following information:

1. I am [give details of the capacity of the person making the affidavit and the
facts that qualify the person to make the affidavit] and am authorised to
verify this defence on [his/her/its] behalf.

For example, if the defendant is a corporation, insert the words “I am an

[officer e.g. director] of [name of corporation] and am authorised to verify this
defence on its behalf”.

If a legal practitioner or commissioner for affidavits witnesses the affidavit, include the
address of the legal practitioner or commissioner for affidavits. (see UCPR 35.7A).

PARTY DETAILS
This information must be on a separate page. List each plaintiff and each defendant.

FURTHER INFORMATION ABOUT DEFENDANT[S] FILING THE DEFENCE

You must provide further information unless you have filed an appearance in the
proceedings. If the defendant is not represented, information must be included about the
defendant’s business or residential telephone number, fax number and email address, if
any.