27 June 2024

Suing the State of Victoria in the Supreme Court


Avraham Yemeni v STATE OF VICTORIA

"I’ve taken the Australian state of Victoria to the Supreme Court — the highest court in the state.

Just over a week ago, I was reporting the news from a peaceful protest in Melbourne, the most locked-down city in the world. 

I had all of my permits and papers in order and I had even been inspected and approved by a roadside police checkpoint. (That’s how crazy Victoria is these days — lockdowns, curfews and police checkpoints.)

I was reporting on an anti-lockdown protest by citizens fed up with China-style infringements on their civil liberties.

I wasn’t there to protest — I was there to report, with my camera crew. We were standing with other journalists and I was clearly holding my Rebel News microphone.

Suddenly, a police commander walked up to me, jabbed me in the chest, and ordered his troops to arrest me. You’ve probably seen the video — I was picked up, smashed to the ground and arrested, and led away in handcuffs.

For no reason whatsoever.

I was later grudgingly released by police without charges. But incredibly, late that same night, police came to my family home to threaten me — to tell me I had been put on a “list”, and that police were watching me. This really is like China, isn’t it?

Well, today I’m fighting back. Not just for my own rights and safety, but for that of all Australians.

Today I’ve taken the state of Victoria to the Supreme Court — the highest court in the state. In a 9-page Statement of Claim, my civil liberties lawyers outline the illegal misconduct of the police. "

See document:


Source:supplied


See also article of the following headline:

Has the Supreme Court of Victoria been validly established?

The Victorian Supreme Court was established in 1852 after the Colony of Victoria was officially created in 1851. Section 28 of "An Act for the better Government of Her Majesty's Australian Colonies" (the Australian' Constitutions Act)" initially provided for the establishment of the Supreme Court of Victoria:

 

XXVIII. And whereas under an Act of the Governor and Council of New South Wales passed in the Fourth Year of the Reign of Her Majesty, intituled An Act to provide for the more effectual Administration of Justice in New South Wales and its Dependencies, the Number of the Judges of the Supreme Court of New South Wales constituted under the said Act of the Ninth Year of King George the Fourth has been increased to Five, and One of such Judges is resident, and has such Power, Jurisdiction, and Authority within the District of Port Phillip, subject to such Appeal to the said Supreme Court as by the said Act of the Governor and Council of New South Wales is provided : Be it enacted, That it shall be lawful for Her Majesty, by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, to erect and appoint a Court of Judicature in the said Colony of Victoria, which shall be styled “The Supreme Court of the Colony of Victoria ;” and such Court shall be holden by One or more Judge or Judges, and shall have such ministerial and other Officers as shall be necessary for the Administration of Justice in the said Court, and for the Execution of the Judgments, Decrees, Orders and Process thereof ; and all the Provisions of the said Act of the Ninth Year of the Reign of King George the Fourth, concerning the Appointment and Removal of Judges and Officers of the Supreme Court of New South Wales, and for the appointing Persons to act in the Place and Stead of Judges being absent, resigning, dying, or becoming incapable to act, and concerning Appeals to Her Majesty in Council from Judgments, Decrees, Orders, or Sentences of such Court, shall apply to the said Supreme Court to be erected in the said Colony of Victoria, but so that the Powers of the Governor of New South Wales in relation to the Matters aforesaid shall be vested in the Governor of the Colony of Victoria ; and from such Time as shall be mentioned in such Letters Patent all the Authorities, Powers, and Jurisdiction of the Supreme Court of New South Wales, and of any Judge thereof, over or to be exercised within or in relation to the said Colony of Victoria, including all Admiralty Jurisdiction exercisable within the Limits thereof, shall cease to be had and exercised by such last-mentioned Supreme Court and Judge respectively, and shall thenceforth be vested in and exercisable by the Supreme Court erected by such Letters Patent ; provided that in the meantime the said Authorities, Powers, and Jurisdiction of the said Supreme Court of New South Wales and of the Judges thereof, within and in respect of the said Colony of Victoria shall remain as if this Act had not been passed, unless or until the same shall be varied by Act of the Governor and Council of the said Colony of Victoria.

 

HOWEVER, no such letters patent has ever been received in Victoria... THE 1855 Constitution for Victoria was also silent on the nature and scope of Judicial Power within the newly established Colony. It was not until the 1975 Victorian Constitution the power of the Supreme Court was consolidated into statute, but under what power?

See document:


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