FOI REQUEST in accordance with the Freedom of Information Act 1982

Brett Wilson made this Freedom of Information request to Federal Circuit Court of Australia

Waiting for an internal review by Federal Circuit Court of Australia of their handling of this request.

From: Brett Wilson

Delivered

Dear Federal Circuit Court of Australia, FOI Officer.

It is my will, that your court provide documents which provide that, the Federal Circuit Court of Australia is operating in accordance with Chapter III of the Commonwealth Constitution 1901 as proclaimed and gazetted, and that the Federal Circuit Court of Australia is operating as a Crown Court?

It is my will, the Court also provide documentation, copies of the Oath of Office for Justice Collier, Federal Court of Australia, District: Queensland, a copy of her sworn Oath to Queen Elizabeth II, Her Majesty’s heirs and successors in the sovereignty of the United Kingdom, i.e. the Queen as per the Constitution Act 1900 Covering Clause two.

It is my will that the court confirms that the Constitution Act 1900 Covering Clause 5, is currently binding on all current serving Federal Court Judges in every Federal Court in every State of this Commonwealth.

Yours faithfully,

Brett Wilson

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED
Dear Mr Wilson

I acknowledge receipt of your email dated 11 March 2020, requesting documents under the Freedom of Information Act 1982 Cth) (FOI Act).

A response will be provided in accordance with the provisions of the FOI Act.

Kind regards
Mike
Freedom of Information Officer

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [email address]

Follow us on Twitter @FedCctCourtAU

show quoted sections

Link to this

From: External FOI


Attachment 2020 04 09 Draft FOI response Wilson s.pdf
208K Download View as HTML


UNCLASSIFIED

Dear Mr Wilson,

 

Please find, attached to this email, correspondence from a Registrar of
the Federal Court of Australia.

 

Kind regards,

 

FOI

Federal Court of Australia

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED

Dear Mr Wilson

 

I refer to your below email dated 11 March 2020.

 

I note that you sent your email to the Federal Circuit Court of Australia.
I advise that pursuant to section 16 of the Freedom of Information Act
1982 (Cth) your request was transferred to the Federal Court of Australia
with respect to your request for documents pertaining to that Court.

 

Insofar as your email requests documents ‘which provide that, the Federal
Circuit Court of Australia is operating in accordance with Chapter III of
the Commonwealth Constitution 1901 as proclaimed and gazetted, and that
the Federal Circuit Court of Australia is operating as a Crown Court’, I
can provide information administratively, outside the provisions of the
FOI Act. Please refer to the Court’s website at:
[1]http://www.federalcircuitcourt.gov.au/wp...
and the [2]Federal Circuit Court of Australia Act 1999 (Cth).

 

Kind regards

Mike

 

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [3][email address]

 

 

Follow us on Twitter [4]@FedCctCourtAU

 

 

 

--------------------------------------------------------------------------

show quoted sections

Link to this

From: Brett Wilson

Delivered

Dear Customer Service,

Hello Mike, thank you for your reply.

I am of the understanding that there is only one lawful Constitution that Australian Courts can operate under which is:

a. The Constitution of the Australian Commonwealth as contained in Covering Clause 9 of the Commonwealth of Australia Constitution Act 1900 (UK) as a Chap III Court.

Can you confirm if the ''Australian Constitution'' of which the Federal Circuit Court operates under, is the same Constitution that sits within Covering Clause 9 of the Commonwealth of Australia Constitution Act 1900 (UK)?

If the Australian Constitution is a different Constitution to the Constitution of the Australian Commonwealth which sits under Covering Clause 9, can you provide a copy of the following:

a. the instrument that might have authorised the creation of the Australian Constitution ; and

b. a document detailing the date a Referendum was conducted that might have authorised the introduction of a second Constitution called ''The Australian Constitution'' of which the Federal Circuit Court Justices are appointed under?''

Yours sincerely,

Brett Wilson

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED

Dear Mr Wilson

 

That’s correct, the Australian Constitution was enacted in 1900 through
the Commonwealth of Australia Constitution Act 1900 (UK) and is available
on the Austlii website here:
[1]http://www.austlii.edu.au/cgi-bin/viewdb...

 

Kind regards

Mike Raine

 

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [2][email address]

 

 

Follow us on Twitter [3]@FedCctCourtAU

 

 

 

show quoted sections

Link to this

From: Brett Wilson

Delivered

Dear Customer Service,

Hello Mike, it seems you have not answered my question or your answer has been misinterpreted.

Can you confirm if the ''Australian Constitution'' of which the Federal Circuit Court operates under, is the same Constitution that sits within Covering Clause 9 of the Commonwealth of Australia Constitution Act 1900 (UK)?

Does your Federal circuit court operate under either:

a. the Australian Constitution; or

b. The Commonwealth Constitution as proclaimed and gazetted, that sits within Covering Clause 9 of the Commonwealth of Australia Constitution Act 1900 (UK)?

Can you please confirm which one Constitution your court operates under?

Kind Regards

Brett Wilson

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED

Dear Mr Wilson

 

Yes, it is the same Constitution. Federal Australian courts operate under
Chapter III of the Australian Constitution – the Constitution was enacted
through the Commonwealth of Australia Constitution Act 1900 (UK).

 

I hope this answers your query.

 

Kind regards

Mike

 

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [1][email address]

 

 

Follow us on Twitter [2]@FedCctCourtAU

 

 

 

show quoted sections

Link to this

From: Brett Wilson

Delivered

Dear Customer Service Mike,

Hi Mike. The ''Australian Constitution'' is not the same as the ''Constitution of the Australian Commonwealth'' or sometimes referred to as ''The Commonwealth Constitution''. The Australian Constitution has a different naming convention as it has dropped the important definition being the ''Commonwealth'' which = we the people.

So does your Federal Circuit Court operate under the Constitution that sits within Covering Clause 9 of The Commonwealth of Australia Constitution Act 1900 (UK). YES or No? All I require is an answer of YES or NO to this relevant question?

Kind regards

Brett

Yours sincerely,

Brett Wilson

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED

Dear Mr Wilson

 

I apologise if my response was not clear. The answer is yes, the Federal
Circuit Court, and all Australian federal courts, operate under the
Constitution that was enacted in Clause 9 of The Commonwealth of Australia
Constitution Act 1900. While the Constitution is also frequently cited as
the Australian Constitution, the Commonwealth Constitution or simply the
Constitution – the enacting legislation’s full citation is the
Commonwealth of Australia Constitution Act 1900 (Imp).

 

Kind regards

Mike

 

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [1][email address]

 

 

Follow us on Twitter [2]@FedCctCourtAU

 

 

--------------------------------------------------------------------------

 

show quoted sections

Link to this

From: Brett Wilson

Delivered

Dear Federal Circuit Court of Australia,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Federal Circuit Court of Australia's handling of my FOI request 'FOI REQUEST in accordance with the Freedom of Information Act 1982'.

See attached PDF Document and A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...

Yours faithfully,

Brett Wilson

Link to this

Brett Wilson left an annotation ()

A private email was sent to the Fed Court of Australia on 01 May 2020, with a new submission in the form of a PDF document with a statement of reasons for an internal review to be conducted. The document could not be loaded onto the Right to Know electronic platform.

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED
Dear Mr Wilson

I acknowledge receipt of your below email. Your request for an internal review will be considered and you will be provided with a response in accordance with the Freedom of Information Act 1982 (Cth).

I note that your below email seeks an internal review in relation to the Federal Circuit Court of Australia. I also note that your initial request was transferred in part to the Federal Court of Australia.

Kind regards
Mike

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [email address]

Follow us on Twitter @FedCctCourtAU

show quoted sections

Link to this

From: Brett Wilson

Delivered

Dear Customer Service, Federal Circuit Court.

A private email via gmail, was sent to the Federal Court of Australia on 01 May 2020 with a new submission in the form of a PDF document with a statement of reasons for a request for internal review to be conducted by the Federal Court of Australia, not by the Federal Circuit Court. The PDF document I sent to the Federal Court Registry was care of the Federal Court of Australia's FOI Officer and could not be loaded onto the Right to Know electronic platform.

You can disregard the request, but please forward this on to the Federal Court, like you did before.

Yours sincerely,

Brett Wilson

Link to this

From: Customer Service
Federal Circuit Court of Australia

UNCLASSIFIED
Dear Mr Wilson

Your below email withdrawing the request for internal review by the Federal Circuit Court is noted. I will forward your email to the Federal Court of Australia for completeness.

Kind regards
Mike

Federal Circuit Court of Australia
PO Box 9991 in your capital city
p. 1300 352 000 |  e. [email address]

Follow us on Twitter @FedCctCourtAU

show quoted sections

Link to this

Things to do with this request

Anyone:
Federal Circuit Court of Australia only: