18 August 2022

Babble

In Glew, In the matter of an application for leave to issue or file [2022] HCATrans 101 (8 June 2022) Edelman J states 

 The applicant describes himself as “Wayne Kenneth of the family Glew ” and “Wayne Kenneth Glew ”. He says that he is a “sovereign person, a flesh and blood man” and that “Mr Glew is a corporate entity ... a straw man” and that he has “no contact with him”. Although such claims are legal nonsense, I am content to refer to the applicant in his preferred style. ... 

The proposed application that Wayne Kenneth Glew seeks leave to file is for removal into this Court of a matter pending in the Magistrates Court, Geraldton, Western Australia in which he is charged with an offence. Exhibit WKG 2 to the affidavit of Wayne Kenneth Glew sworn 31 March 2022 is a prosecution notice concerning the offence with which he is charged: inciting another to commit an indictable offence, namely deprivation of liberty. 

In his proposed application in this Court for removal, Wayne Kenneth Glew says that the “precise order” he seeks is that:

“this court being the only Lawful court established by the constitution, orders that all States put their Constitutions in place in their full text so the Commonwealth can be Lawfully established under Our Lawful Commonwealth Constitution Act 1900 UK and Our Commonwealth Constitution 1901 as Proclaimed and Gazetted and all laws made prior to that happening be dismissed by transgressing the constitutions”.

A purported notice under s 78B of the Judiciary Act, Exhibit WKG 4 to Wayne Kenneth Glew’s affidavit sworn 31 March 2022, raises further issues. The notice sets out 49 questions which raise issues such as land title, fraud, murder, slavery, treason, treachery, and acts of war. 

On an application made under r 6.07.3, the discretion to grant or refuse leave is to be exercised by a Justice by reference to the same criteria which inform the decision of a Registrar under r 6.07.1. A Justice will ordinarily exercise the discretion to refuse leave where the application “on its face”, assessed on the papers, appears to be an abuse of the Court’s process, frivolous or vexatious, or outside the jurisdiction of the Court. 

The submissions and materials provided by Wayne Kenneth Glew do not give rise to any “cause or part of a cause arising under the Constitution” sufficient to fall within s 40 of the Judiciary Act. The issues raised by Wayne Kenneth Glew are “incapable on [their] face of legal argument” and are “legal nonsense”. In the long‑established language of abuse of process, the proposed application is “manifestly groundless” or “manifestly hopeless”.

Glew has featured in numerous sovereign citizen claims. 

In YAP -v- MATIC [2022] WASC 181 Solomon J states 

[56] As indicated by the transcript passage I have included at [22], Mr Matic appears to hold a belief that he 'cannot be governed' by an order of this court. Over the course of the proceedings from time to time, this and other comments appeared to challenge the court's the jurisdiction. ... 

[58] In his first affidavit filed with the court on 2 March 2022 prior to having filed an appearance, Mr Matic stated the following: 

I, Sandi Matic of [redacted] in the State of Western Australia, selfemployed, duly sworn make oath and say that: 

1. I am submitting this affidavit under duress and fear of my wellbeing & any errors made due to my nonexistent knowledge of how to write in legalese is not to be used against my benefit & I reserve all of my rights. 

2. I do not consent to be my name in all capital letters which is the person corporation trust. 

3. I, One, living, breathing, man, the undersigned, Sandi, son of and made in the image and the likeness of my father and mother, Pavao and Sabina, given name Sandi, having a sound mind, without prejudice to My Godgiven rights and duties, being one who was born of and walks on the soil of God (Genesis 1), who is unschooled in the law, is not trained in legalese, who has never had an attorney, is without an attorney, and does not waive counsel, knowingly and willingly Declares and duly Affirms, according to law, in time of peace and not in time of war or emergency, in good faith, with no intention to delay or obstruct, and with full intent to preserve and promote the public confidence in the integrity and impartiality of the judiciary, that the preceding and following statements and facts are of my own firsthand knowledge, except where such matters are stated to be based on information and belief, in which case I have identified the source and confirm my belief in the accuracy and truth of that information, God help me. 

4. I AM no person, no fictional being, no organization, trustee, employee, association, voluntary association, jointstock association, company, copartnership, firm, order or society, either aggregate or part of any aggregate, or automatic aggregate, or public utility aggregate, whether organized or incorporated or not, and I am not misrepresenting my identity or origin, of Pavao and Sabina (maker, owner, ruler), of God (maker, owner, ruler). 

5. I have not duly granted, ratified, bargained for, gifted, sold, pledged, optioned, or donated any power of appointment, special power of appointment, general power of appointment in trust, or any general or special franchise, or elective franchise name, character, labour, or living body to any other, for any consideration: including, but not limited to any option or opting, any promise, implied promise, successive promises, agreement, supposed agreement, identity, fiction, graven image, forbearance, grace, creation, or modification or destruction of a legal relation, trade name, trademark, service mark, title(s), or return promise, bargained for and given in exchange for a promise, privilege, benefit, reciprocity, indemnity, mutual indemnification, any present or future interest or otherwise. 

6. There are two beings with the same name, one real, the undersigned, the other a person, a fictional being. 

7. It is not possible that man can be two beings, man, and a person, a fictional being. 

8. I attorned unknowingly. I only appear as the person. I think for, speak for, and act for it. 

9. I own the claim of the ownership of the Estate, MATIC, SANDI. 

10. In the event that any clerical errors or administrative mistakes are uncovered in the submissions of the Plaintiff 1, Plaintiff 2, and any Sworn of Affirmed affidavits that those parties or their legal representatives submit to the courts, I reject the notion that this ought to disqualify any of the fictitious statements made as part of this fictitious claim & reject the notion that the correct entities, companies, persons, parties, trusts are not liable for damages due to the above mentioned errors or mistakes in paperwork. 

11. I submit to the court that should any formalities such as paperwork & forms that ought to be submitted as part of disputing this fictitious claim are missed by me but are mentioned in the affirmed affidavits submitted to the court, they are to be treated as if they were submitted with all the paperwork correctly done & not be disadvantaged for being a selfrepresented man, speaking and appearing for the fictional entity named as Defendant. 

12. I reserve the right for claim for damages against myself & the trust of the fictional name listed on the proceedings that I am the beneficiary of SANDI MATIC trust and/or Estate, MATIC, SANDI without through any requirement to file new court proceedings & claims to correct the abovementioned errors & mistakes made during any of the submissions by Fictitious Plaintiff 1 & Fictitious Plaintiff 2 during their Fictitious claim. 

13. I reject and & all punitive benefits.

[59] In fairness to Mr Matic, I have endeavoured to examine his affidavit carefully in order to understand its content. As it happens, I am not unfamiliar with prolix and arcane texts, even the obscure, the esoteric or the mystical. However, I have not been able to distil a rational or coherent thread in Mr Matic's words that may assist the court in determining the issues before it, including the issue of whether Mr Matic was intending to enter an appearance or otherwise submit to the court's jurisdiction.