Google AI

Weekend Times


The Times

Business News

What does Australian law have to say about sovereign citizens and ‘pseudolaw’?

  • Written by: Madeleine Perrett, PhD Candidate in Law, University of Adelaide

Armed with obscure legal jargon and fringe interpretations of the law, “sovereign citizens” are continuing to test the limits of the Australian justice system’s patience and power.

A few weeks ago, two Western Australians were jailed for 30 days[1] after defying a Supreme Court order and refusing to acknowledge the court’s authority.

Weeks earlier, former AFL footballer Warren Tredrea told the Federal Court[2] he could not pay his legal costs to his former employer, Channel 9, because he did not believe in Australian legal tender.

And former One Nation senator Rod Culleton is currently fighting the Australian Federal Police[3], arguing his court-declared bankruptcy is not legally binding and therefore should not affect his federal election nomination.

These are not isolated incidents. They are part of a growing trend known as “pseudolaw[4]”.

What is ‘pseudolaw’?

Pseudolaw describes the practice of constructing legal arguments that sound convincing but are fundamentally wrong.

It often relies on real law or cases, twisting them through bizarre or inaccurate interpretations. It looks like law, but isn’t.

Common pseudolegal arguments include:

  • governments have no authority over “natural persons”
  • writing a legal name in all capital letters creates a separate legal entity (a “strawman”), which is not subject to state authority
  • money is not real and anything can be legal tender
  • tax laws only apply to federal entities, not individuals
  • “natural rights” override statutes and court-made rules.

Not one of these arguments has ever succeeded in an Australian court.

What are ‘sovereign citizens’?

Those who believe and engage in pseudolaw are sometimes termed “sovereign citizens” or “SovCits”, a label imported from the United States[5] during the 1970s.

The sovereign citizen “movement” reached Australia[6] in the late 1990s.

As the Australian Federal Police explain[7], sovereign citizens believe they are morally and legally correct, and are quite open about their beliefs and plans.

They reject government authority, refuse to comply with laws and rely on complex but false legal theories to justify their actions.

Because many social media platforms ban their content, sovereign citizens frequently communicate through encrypted messaging apps or gather in person at protests and “common law courts” – unofficial tribunals based on a distorted reading of historical legal principles. These “courts” claim to operate outside state authority and often “try” public officials, file false claims against property and carry out other pseudolegal actions with no real legal force.

They claim to be peaceful and say they are acting in “self-defence” against perceived government overreach. But a small number turn violent[8].

The rise of pseudolaw in Australia

In the 1970s, WA farmer Leonard Casley[9] labelled his farm the “Hutt River Province”, then attempted to secede from the Commonwealth of Australia and the State of Western Australia.

A curiosity back then, but a warning sign.

For years, fringe tax protesters and anti-government groups quietly pushed these ideas.

Then the COVID pandemic[10] hit: lockdowns, mandates and rising distrust meant pseudolaw went more viral. Social media lit up with people claiming they weren’t subject to Australian law.

They spouted strawman theories, cited fake laws and filmed themselves refusing police orders.

Now it’s in the courts[11], on the streets[12] and in online echo chambers[13].

It is not just noise. It is congesting the judicial system and putting people, including adherents, at risk.

A recent South Australian study[14] highlights how pseudolaw is increasingly disrupting legal processes in that state.

The law, however, still stands, no matter what those on YouTube say.

What the ‘real’ law says

To be clear, pseudolaw looks real but isn’t; the real law is clear on many of the points raised by sovereign citizens.

For example, the federal government derives its authority to govern from the Commonwealth Constitution[15]. This document clearly states the government has executive authority and can make laws that bind all Australians.

This includes tax laws and laws declaring Australian money as legal tender: in 2007[16], the Federal Court flatly rejected arguments that income tax and currency laws were invalid.

The “strawman theory” – which states someone has two personas, one of real flesh and blood and the other a separate legal personality, who is the “strawman” – has also been debunked by the courts countless times. The West Australian Supreme Court recently called it[17] “fundamentally misguided”.

And does capitalising your name on official documents like your birth certificate or driver’s licence affect your rights? The courts[18] have categorically said “no”.

Pseudolaw is, as one Victorian judge described it[19] last year, nothing more than “nonsense”, “gibberish”, and “gobbledygook”.

Why sovereign citizens are a threat

While this might seem eccentric, or even harmless, pseudolaw poses real risks.

The Judicial Commission of New South Wales[20] warns it’s not just a nuisance – it’s clogging up courts, wasting police resources and putting public officials at risk.

But the danger isn’t only to others – it is to the followers too.

Adherents lose more than arguments. Some have racked up massive legal bills[21] fighting fines. Others have lost custody[22] in family court or been imprisoned[23] for ignoring court orders.

Pseudolaw is a dangerous ideology.

It is crucial all Australians recognise that pseudolaw not only threatens your credibility but can land you in hot water under the real law.

References

  1. ^ were jailed for 30 days (www.austlii.edu.au)
  2. ^ told the Federal Court (www.news.com.au)
  3. ^ fighting the Australian Federal Police (www.abc.net.au)
  4. ^ pseudolaw (books.google.com.au)
  5. ^ imported from the United States (news.griffith.edu.au)
  6. ^ reached Australia (www.bbc.com)
  7. ^ Australian Federal Police explain (www.afp.gov.au)
  8. ^ turn violent (www.sciencedirect.com)
  9. ^ Leonard Casley (www.abc.net.au)
  10. ^ COVID pandemic (www.abc.net.au)
  11. ^ courts (www.abc.net.au)
  12. ^ streets (www.theguardian.com)
  13. ^ online echo chambers (www.abc.net.au)
  14. ^ South Australian study (papers.ssrn.com)
  15. ^ Commonwealth Constitution (www.aph.gov.au)
  16. ^ in 2007 (www.austlii.edu.au)
  17. ^ recently called it (www.austlii.edu.au)
  18. ^ courts (www.austlii.edu.au)
  19. ^ described it (www.austlii.edu.au)
  20. ^ Judicial Commission of New South Wales (www.judcom.nsw.gov.au)
  21. ^ massive legal bills (7news.com.au)
  22. ^ lost custody (www.theguardian.com)
  23. ^ been imprisoned (www.abc.net.au)

Authors: Madeleine Perrett, PhD Candidate in Law, University of Adelaide

Read more https://theconversation.com/what-does-australian-law-have-to-say-about-sovereign-citizens-and-pseudolaw-260289

The Weekend Times Magazine

Niacinamide: Skincare’s Ultimate Multitasker

One ingredient, multiple uses: why niacinamide is this year’s most relevant skincare ingredient Niacinamide—also known as vitamin B3—is celebrated as skincare’s brilliant all-rounder. A relative newcomer in commercial cosmetic formulations, this...

How to cook tender chicken breasts perfectly, every time

Celebrity chef, Manu Feildel, reveals his fail-safe, easy process to cook delicious, juicy chicken breasts – every time.   How often have you cooked chicken breast only to discover it’s dry and...

The Best Camera Smartphones for 2021

Everyone is a photographer these days, and it is no surprise, given that the top camera phones on the market are capable of fighting head-on with luxury compact cameras and...

How To Gain Financial Freedom In Retirement

Planning for retirement? Retired already? Discover how you can gain financial independence during your golden years. Hitting retirement is a joyous milestone - a just reward for a lifetime of hard...

Effective Pest Control Solutions in Ballarat: What You Need to Know

Living in Ballarat means enjoying a beautiful regional lifestyle, but it also comes with its share of challenges—one of which is managing pests. From termites threatening your home’s structure to...

Wedding DJ vs Live Band: Which Is the Right Choice for Your Wedding?

Choosing the right music for your wedding is one of your most important decisions. Music has the power to set the mood, create memorable moments, and ensure your guests have...

Let's talk about nits!

My daughter struggled with nits for 8 years until I found this miracle cure Nits. The one-word granted to strike fear into mums everywhere … and have them immediately scratching their...

The Future of the Sales Handoff: From AI SDR to Human Closer

Artificial intelligence is altering the sales process at lightning speed. For many firms, AI is their Sales Development Representative. This class of SDRs completes the initial stage of the sales...

Weekend Escapes Closer to Home: Making the Most of Every Litre

Rising fuel prices are changing more than household budgets—they are changing the way Australians holiday. For many families, a weekend away has traditionally meant filling the car and heading several hundred...