Wednesday, 2 March 2016

Lodged in the Federal Court

I lodged the following with the federal court today.

It is now up to the court to see if the eyes are crossed and the tees dotted, hopefully all is well and then they will set a date for things to happen.

Federal Court rejected it,says its a High Court matter, so frantically learning high court legalese and lodging there.  Much more expensive LOL, even the number of copies of documents.  2 for court, 1 for Abbott, 1 for me and one each for every Attorney General in the land.  All states territories and Brandis.  fun fun fun in the sun

Tony Magrathea  
Anthony John Abbott

To the Respondent
The Applicant applies for the relief set out in this application.
The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence.
You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding.

Details of claim
On the grounds stated in the statement of claim, accompanying affidavit or other document prescribed by the Rules, the Applicant claims:
1.            I seek relief under the Common Informers (Parliamentary Disqualifications) Act 1975, part 3,1 a & b, being $200 per day Mr Abbott has sat in parliament as a dual national in breach of S44 of the Australian Constitution.  A copy of form 18 20 110801 is attached.


Tony Magrathea
Anthony John Abbott
The applicant gives notice that the proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903.
Nature of Constitutional matter
The Common Informers (Parliamentary Disqualifications) Act 1975 3.1 states “Any person who, whether before or after the commencement of this Act, has sat as a senator or as a member of the House of Representatives while he or she was a person declared by the Constitution to be incapable of so sitting shall be liable to pay to any person who sues for it in the High Court a sum equal to the total of:” Mr Abbott has failed to comply with that part of the constitution which requires him to be disqualified if he “is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;” Section 44, (i) of the Australian Constitution.
Facts showing that section 78B Judiciary Act 1903 applies
1.            Mr Abbott was born in London England on 11th November 1957 to a British father and Australian mother.  This gave him automatic British citizenship under the laws operating in the United Kingdom at that time. Document 1 is a copy of his British birth certificate.
2.            In June 1981 Mr Abbott gained Australian citizenship which was granted as per section 11(4) of the Australian Citizenship Act 1948. That states “The applicant, and any natural child of the applicant included in the application, becomes an Australian citizen on the day on which the applicant is registered as an Australian citizen”.  With this granting of citizenship Mr Abbott became a dual British and Australian citizen.  Document 2 is a copy of the National Archives of Australia file page detailing the granting of citizenship.
3.            In October 1981 Mr Abbott entered Oxford University which advised “Mr Abbott had British nationality when he matriculated on 17 October 1981. ie. When he was formally admitted to university”.  A copy of the FOI document is document 3.  This shows Mr Abbott was aware he had dual British and Australian citizenship when entering Oxford four months after gaining Australian citizenship.
4.            The Department of Prime Minster and Cabinet in an FOI 2014/159 states that the renunciation documents do not exist.  A copy of that decision is at document 4.
5.            On 4th February 2016 the National Archives of the UK sent me an email detailing that up until February 1986 Mr Abbott had not renounced his British citizenship.  A copy of that is at document 5.

6.            On 8th February 2016 I wrote to both Senator Brandis in his capacity as Attorney General and to the Secretary of the department of the Attorney General Mr Moraitis advising I may be commencing proceedings relating to the constitution and 78b of the Judiciary Act 1903. A copy of that letter addressed to Mr Moraitis is at document 6.  The same letter was sent to Senator Brandis.

7.            On 23rd November 2015 a petition was lodged in parliament to have Mr Abbott show his renunciation papers.   As of 29th February 2016 Mr Abbott has not responded to that petition.  The petition is number 1108-1606 and a copy is at document 7. 

~~~~~~~~~~~~~~~~~~~ all the document mentioned above can be found in previous blogs 
or the FOI link mentioned so often   

The petition to parliament unanswered by Abbott is in the blog
The letter to Brandis and Moraitis is basically whats in the lodged documents for court. 
And the email from the National archives is in the blog 

The cost surprised me.  

And that bit at the end of everything,just for old times sake 


  1. Best of luck, Tony. We shouldn't forget that his Australian citizenship may be questionable given that the forms were signed by his mother, not him contrary to requirements. He may not actually be a dual citizen, therefore, but simply a British citizen. Could be one of the reasons why he seems not to have renounced his British citizenship because to do so would have rendered him stateless.

  2. Thank god.. i mean tony m..bless you!

  3. Thank god.. i mean tony m..bless you!

  4. Well done Tony M. Perhaps now we will get a response.

  5. Hope the Australian Court accepts your documents and acts to make a ruling that bring to an end this farcical circumstance.

  6. The fine referred to in the Constitution has been superceded by subsequent, much more lenient legislation. Trying to find it but so far drawing a blank.