The ABC today features reportage about pseudolaw orders from the Nmdaka Dalai Australis group that appears to be an idiosyncratic mix of sovereign citizen and Indigenous 'suvereignty' and 'aniuima' [sic] rhetoric.
In Luca v Eckert & Anor [2024] SASC 77 Stanley J dismissed an appeal that featured a Nmdaka Dalai claim.
The Court states
Mr Luca announced at the commencement of the hearing that he had just been served with a document that had the effect of removing the matter into a higher court.
Mr Luca provided the document to me. On its face the document appeared to be an Interim Intervention Order and Summons issued by the ‘Superior Court of the People of Nmdaka Dalai Australis’ (the Superior Court) on the application of the First Lore Chief Prosecutor against Alexandra and Christopher Eckert pursuant to Section 21(3)(c)(a) of the Public Peace and Intervention Lore 2019 for the protection of Ammun Luca and Dr Kathleen Anne Maros to address domestic abuse violence concern.
Mr Luca contended that in these circumstances he felt unable to proceed with the appeals listed before me. He contended that the subject matter of the appeals were now to be determined by the Superior Court.
I indicated to Mr Luca that I had a different view of the law and the effect of the service of this document upon him. I informed him that he had invoked the jurisdiction of the Court and I was sitting this day to hear the matter. I warned him that if he did not proceed with his appeals I anticipated that there may be an application made to dismiss his appeals for want of prosecution and a further application for the costs of the appeals to be ordered against him. ...
In the circumstances I am satisfied that the appeals should be dismissed for want of prosecution.
The document supposedly served on Mr Luca shortly before the appeals were called on is, of course, bogus and a nonsense. As I pointed out to Mr Luca, it has no legal effect. I urged him to proceed with his appeals and warned him of the risk that if he did not do so, I anticipated that an application for the appeals to be dismissed with costs would be made. Notwithstanding that he understood this to be the position, he proceeded nonetheless to indicate that he felt unable to prosecute his appeals. He did not pursue the appeals. Neither did he seek an adjournment, although, in all the circumstances, I would not have been disposed to grant one.
As a result of his failure to prosecute his appeals, the Court’s time and resources have been wasted. Other litigants have been kept out of the opportunity to have their matter heard. Moreover, the respondents to the appeal have incurred the cost of instructing lawyers and the preparation of the argument resisting the appeals, and the costs thrown away of the time set down for the hearing of the appeals.
Nmdaka claims to be 'A land of Free Living Souls' ...
The purported Australian Government (inc. the Commonwealth of Australia) is NOT abiding by Lore of the Land.
Nmdaka Dalai Australis is about creating choice for good men and women on our aniuima to come together in Peace within a Demilitarised Zone (DMZ) Proclamation made by the Senior Lore/Law Elders (Bench/Circle) and being upheld by the Provost Marshal
The “Australian Government” is functus officio and has been Ordered to stand down.
Nmdaka Dalai Australis is extending an invitation to peacefully walk with the original Suveran bloodline descendants of this lands in your own sovereign capacity… under the Lore/Law of Lo go nama (Do no harm)
The only lawful Authority on these lands unofficially labelled as ‘Australia’ is Customary Tribal Lore.
Nmdaka Dalai Australis is for anyone who is ready to stand in their own Divine Authority, in Truth, Peace and Unity, as self-governing men and women, in unity and harmony, inside Ancestors’ Ancient Lore with the original bloodline descendants of this aniuima
Dalai Australis is now operating the first formalised Land Lore/Law Court – the Superior Court of the People of Nmdaka Dalai Australis that adjudicates sitting in circle with Senior Lore/Law Elders of these lands.
Its call for volunteers to generate documentation (inc its own number plates and sheriff appointment) includes
Are you a masseur? Energy Healer? Sound Bath Technician? Meditation Guide? Are you someone who can cook and create wholesome meals for anywhere from five to ten people?
Do you have skills that can be offered as a gift to those who are committed to the ongoing wellbeing of Nmdaka Dalai Australis, and spend up to eighteen hours a day at times creating documents and ensuring the ongoing safety of the children and their guardians?
