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PRESS RELEASE
LEGAL CHALLENGE TO AUSTRALIAN SOVEREIGNTY
Russell Jones & Walker solicitors have been instructed
by a leading group of Australian historical researchers to mount
a challenge in the High Court seeking a declaration that Australia
is truly an independent nation. The UK court will be asked to
consider whether or not that present law and executive function
in Australia is flawed and invalid. This challenge may well have
a significant impact upon Canada and New Zealand. Australian
legal Counsel has already stated that such a challenge should
take place. UK Counsel's opinion is being sought.
Notes to Editors - By declaration at the Imperial Conferences
of 1917, 1921 and 1923 the United Kingdom government commenced
the process of
independence for the five named dominions, Australia, Canada,
South Africa, New Zealand and Newfoundland.
After the inter-imperial Relations Conference of 1926
the Balfour Declaration reiterated the policy decisions. By legislation
commencing in 1931 the United Kingdom Parliament gave its imprimatur
to the process and formally recognised de jure the separation
of sovereignty which had already taken place de facto.
However, within the executive branch of the United Kingdom
Government it appears that elements exist which do not agree
with the actions of the Parliament and who seek to negate the
legislation by means of proclamations and appointments under
other United
Kingdom legislation, including powers authorising the use of
the Royal Sign Manual for the creation of Orders, Warrants and
Commissions.
By applying that legislative power to lands no longer under
sovereign authority in places and jurisdictions which are no
longer dependencies of the United
Kingdom as required by law, these persons have misled Her Majesty
with the deliberate intent of subverting the laws of the United
Kingdom Parliament.
In short it appears that certain individuals decided to
defy the Parliament to maintain as long as possible the trappings
of Empire and have proceeded to continue making appointments
as if the Commonwealth of Nations is simply the British Empire
under another name.
The view of the Secretariat of the Commonwealth of Nations
is that Her Majesty's position in each of the
member realms of the Commonwealth of Nations is titular only
with no continuing executive authority.
On balance there is a strong presumption that the later
legislation of the United Kingdom Parliament prevails giving
independence to the Dominions including Australia and that the
Commissions of Appointment insofar as they confer executive office
and authority are a nullity.
It also appears clear that the current sovereign has never
possessed the power of executive
appointment in the Dominions having ascended to the throne after
the demise of the appointment and executive powers as the result
of independence
legislation.
CONTACT:
ALAN CARE 0207 837 2808
FAX 0207 837 2941
or email A.S.Care@rjw.co.UK
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