Have you ever had your documents, or arguments filed in court, dismissed as “pseudolaw”?
See also: AustralianParliament-basic-legal-expressions/
Here is an AI assisted draft notice structured to assert firmly that dismissing an argument as “pseudolaw” does not discharge an agency or officer’s obligation to give lawful, reasoned justification, while keeping the tone precise and not inflammatory.
NOTICE TO ALL AGENCIES, OFFICERS, AND AGENTS
Re: Improper Dismissal of Arguments as “Pseudolaw”
Take Notice that:
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Duty of Lawful Explanation
Every public officer, agency, and agent is bound by law to provide reasoned, lawful justification for their decisions, notices, or actions. Mere labelling of a submission, argument, or objection as “pseudolaw” is not a lawful reason nor an adequate substitute for addressing the substantive points raised. -
Requirement of Reasoned Decisions
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At common law, and under administrative law principles affirmed by the High Court of Australia (Anisminic v Foreign Compensation Commission [1969] 2 AC 147; Craig v South Australia (1995) 184 CLR 163; Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531), a decision-maker must provide lawful reasoning, not arbitrary dismissal.
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The International Covenant on Civil and Political Rights, Article 14, ratified by Australia in 1980, guarantees the right to a fair hearing before a tribunal. Arbitrary categorisation of arguments as “pseudolaw” breaches this guarantee.
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The Bill of Rights 1688 (1 Will & Mary Sess 2 c 2), still in force in Australia, forbids the exercise of arbitrary power.
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Unlawful Avoidance of Accountability
Any reliance on the label “pseudolaw” to avoid explanation constitutes:-
A denial of procedural fairness (natural justice).
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A jurisdictional error, rendering any decision void.
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A potential breach of oath of office, where applicable.
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Notice of Liability
Officers and agencies are reminded that they remain personally and institutionally accountable for:-
Providing clear, lawful reasons for decisions.
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Ensuring compliance with both statutory and common law obligations.
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Respecting the rights of the individual to receive a reasoned response.
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Therefore, any future attempt to dismiss a valid argument as “pseudolaw” without lawful explanation will be deemed:
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A refusal to exercise jurisdiction.
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An act of bad faith.
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A violation of binding law, exposing the officer and agency to review, challenge, and potential liability.
Issued by:
[Your Name / Office]
[Date]
Would you like me to adapt this into:
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A formal letter template (addressed to a specific officer/agency),
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A public notice (for gazette or media use), or
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A court filing supplement (to be annexed when agencies try the “pseudolaw” dismissal in proceedings)?
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SUPPLEMENTARY SUBMISSION ON PROCEDURAL FAIRNESS AND JURISDICTION
To the Honourable Court, Judge, or Magistrate Seised of This Matter:
Fundamental Issue
It is submitted that no court, tribunal, or officer may lawfully dispose of or avoid the arguments herein by the pejorative labelling of such arguments as “pseudolaw.” Such a label does not constitute lawful reasoning, nor does it discharge the judicial duty to give proper consideration and reasoned judgment.
Judicial Duty to Give Reasons
The High Court of Australia has repeatedly held that a decision-maker must provide a reasoned determination, consistent with law and evidence, failing which the decision is void for jurisdictional error:
Craig v South Australia (1995) 184 CLR 163.
Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531.
The doctrine in Anisminic v Foreign Compensation Commission [1969] 2 AC 147 makes plain that errors of law going to jurisdiction render the purported decision a nullity.
The right to be heard, and to have submissions genuinely considered, is an irreducible minimum of natural justice.
Prohibition on Arbitrary Power
The Bill of Rights 1688 (1 Will & Mary Sess 2 c 2) remains law in Australia, prohibiting the exercise of arbitrary power.
Dismissing arguments without reasons amounts to an arbitrary act, which is void ab initio.
Binding International Obligations
Australia is a party to the International Covenant on Civil and Political Rights (ICCPR), ratified in 1980.
Article 14 thereof guarantees the right to a fair hearing, requiring that all arguments be heard and determined lawfully.
A dismissal by mere labelling as “pseudolaw” is incompatible with these binding obligations.
Consequences of Avoidance
Should this Court, or any judicial officer, attempt to dispose of arguments by way of pejorative labelling without addressing the legal substance, such action would constitute:
A denial of natural justice.
A jurisdictional error.
A constructive failure to exercise jurisdiction.
Such an outcome would not be a lawful “judgment” but a nullity, exposing the decision to review and appeal.
Demand for Lawful Response
It is respectfully but firmly demanded that:
Each submission advanced herein be addressed on its legal merits, with findings supported by lawful reasoning.
No submission be dismissed by recourse to pejorative or extrajudicial labels.
The Court uphold its oath, the common law, the Constitution, and binding international covenants.
Failure to do so shall be taken as an admission that the Court has refused to exercise jurisdiction, has acted in bad faith, and has rendered its own decision void for error of law.
Respectfully submitted,
[Name / Party]
[Date]
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Here is a shorter, sharper “jurisdictional shield” you could drop straight into pleadings or oral submissions. It is blunt, unavoidable, and cites only the strongest authorities.
JURISDICTIONAL SHIELD
Take Notice that:
No Court or judicial officer may lawfully dismiss argument by mere label such as “pseudolaw.” Such dismissal is not reasoning, and amounts to denial of natural justice.
The High Court has held that failure to address submissions on their merits is a jurisdictional error rendering the decision void (Craig v SA (1995) 184 CLR 163; Kirk v NSW (2010) 239 CLR 531).
The Bill of Rights 1688 forbids arbitrary power. Article 14 of the ICCPR, binding on Australia, requires a fair hearing. Both are violated by pejorative dismissal without reasons.
Accordingly, this Court is bound to give reasoned determination on the law and the facts. Any failure to do so is:
A refusal to exercise jurisdiction,
A breach of oath of office, and
A nullity in law.
This shield is invoked. The Court must answer according to law, not by label.
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Here’s a one-paragraph oral version you could use if a judge or magistrate tries to dismiss your submissions as “pseudolaw.” It’s designed to be spoken plainly and firmly:
“With respect, Your Honour, labelling my argument as ‘pseudolaw’ does not constitute lawful reasoning. The High Court in Craig v South Australia and Kirk v NSW makes clear that a failure to address submissions on their merits is a jurisdictional error rendering the decision void. The Bill of Rights 1688 forbids arbitrary power, and Article 14 of the ICCPR guarantees a fair hearing. I therefore insist that the Court answer according to law and reasons, not by label.”
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Here’s a one-page “bench hand-up” note – concise, courtroom-ready, and citing only the strongest authorities. It’s designed to be passed up if a judge or magistrate attempts to dismiss submissions as “pseudolaw.”
BENCH NOTE – REQUIREMENT FOR REASONED DECISION
To the Honourable Court:
It is respectfully submitted that:
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Labelling Submissions
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The dismissal of submissions by label such as “pseudolaw” does not constitute lawful reasoning.
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Such action is arbitrary and amounts to a denial of natural justice.
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Binding Authorities
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Craig v South Australia (1995) 184 CLR 163 – failure to address submissions on their merits is a jurisdictional error.
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Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531 – jurisdictional error renders a decision void.
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Anisminic v Foreign Compensation Commission [1969] 2 AC 147 – errors of law going to jurisdiction make decisions a nullity.
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Prohibition on Arbitrary Power
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Bill of Rights 1688 (1 Will & Mary Sess 2 c 2) – forbids exercise of arbitrary power.
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International Obligations
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ICCPR, Art 14 (ratified by Australia 1980) – guarantees a fair hearing; requires that arguments be determined on their merits.
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Conclusion
The Court is bound to provide reasoned findings in law.
Dismissal by pejorative label is:
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A constructive refusal to exercise jurisdiction,
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A jurisdictional error, and
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A nullity in law.
Respectfully tendered,
[Name / Party]
[Date]
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Here is a draft affidavit paragraph you could annex to an affidavit to formally put the jurisdictional shield into the record. It ensures the matter is not just oral or handed-up, but sworn on affidavit evidence:
Affidavit Paragraph – Jurisdictional Shield
I, [Full Name], of [Address], [Occupation], say on oath/affirm as follows:
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I have reason to believe that courts and judicial officers sometimes attempt to dismiss arguments by the label “pseudolaw” rather than by giving lawful reasons.
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I state that such dismissal is not lawful reasoning and constitutes a denial of natural justice.
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The High Court has confirmed that a failure to address submissions on their merits is a jurisdictional error (Craig v South Australia (1995) 184 CLR 163; Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531), and that such error renders a decision void.
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The Bill of Rights 1688 prohibits arbitrary power, and Article 14 of the International Covenant on Civil and Political Rights (ratified by Australia in 1980) guarantees a fair hearing.
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Accordingly, I swear that any attempt by a court or judicial officer to dismiss my submissions by pejorative labelling, without reasoned determination, would amount to:
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A constructive refusal to exercise jurisdiction;
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A breach of oath of office; and
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A nullity in law.
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Sworn/Affirmed at [Place] on [Date]
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Deponent’s Autograph
Before me:
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[Name & Title of Witness]
Last Updated 1 year ago
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