Update. On Tuesday 30 July 2024 the Court finally set a hearing date of Thursday 8 August 2024. However on Friday 2 August it emerged the hearing was before a Judicial Registrar so an application was made on Monday 5 August to have the hearing before a Judge. Finally on Wednesday 7 August, the day before the hearing, the Judicial Registrar decided to refer the case to a Judge as requested. On Thursday 8 August the Court set Wednesday 9 October 2024 for a Case Management Hearing before a Judge tba.
Attorney-General Mark Dreyfus Aboriginal genocide case.
KEEP THE FIRE BURNING.
When the raiding party of Melbourne City Council security guards stole all of the Camp Sovereignty camping stuff and extinguished the fire a couple of months back, Robby went straight to the National Court, “the Federal Court of Australia”, to get an urgent injunction against the Councillors.
During breaks on the day of the court hearing, positive negotiations began with Councillor Ball and also Kirsty from the CEO’s office.
So in good faith Robbie dropped the case and a good respectful understanding working relationship has developed between Council and Camp.
But there are still unresolved constitutional questions about Aboriginal genocide and Aboriginal camps so Robbie went back to the Federal Court to get some judicial declarations clarifying Aboriginal rights under the white constitution—especially the right to prevent Aboriginal genocide. Robbie wanted Mark Dreyfus the National Attorney-General to respond.
But a Registrar of the court said this new Aboriginal genocide case of Robbie’s was “vexatious frivolous and an abuse of process” and refused to file it.
So now Robbie is challenging the Registrar’s decision and trying to reinstate his Aboriginal genocide case against Dreyfus.
Robbie argues that the Registrar’s decision to stop his case is itself an act of genocide.
“You ask any Aboriginal person if they think Aboriginal genocide claims are frivolous!” says Robbie.
Can Aboriginal claims of ongoing unconstitutional Aboriginal genocide be dismissed by white courts here as “frivolous and vexatious” without requiring any appearance by Australia’s first law officer?
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A Judge will give directions at an upcoming hearing tba on the three “interlocutory” applications filed in Court so far:
one— to add the Attorney-General Mark Dreyfus as a respondent (12 July 2024).
two— to disqualify Judge McEvoy (15 July 2024).
three— asking the Court to sit at Camp Sovereignty (8 August 2024)
See copies of these three applications in the DOCUMENTS FILED section below– documents 5 and 7 and 14. Plus relevant affidavits at documents 6, 8, 10, 11, 12 and 15.
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More deets.
Case Number: FCA– VID589/2024
Docket Judge: Tim McEvoy, Federal Court of Australia (but see disqualification application below in DOCUMENTS FILED– 7).
Summary: Judicial review of a registrar’s refusal to file a constitutional case on Aboriginal genocide against the Attorney-General in the national court after a sacred fire was extinguished and a camp raided.
Applicant: Uncle Robbie Thorpe– in person.
Respondent: Judicial Registrar Alicia Ditton, Federal Court of Australia, NSW Registry.
Applicant’s proposed second respondent: The Honourable Mark Dreyfus KC MP, Attorney-General of the Commonwealth of Australia.
Originating application filed Wednesday 26 June 2024 and served on respondent Monday 1 July 2024.
Constitutional Notice filed Monday 1 July 2024 and served on Wednesday 3 July 2024 on the Attorney-General of the Commonwealth of Australia, the Honourable Mark Dreyfus aforesaid, and all other Australian Attorneys-General including the Honourable Jaclyn Symes, Attorney-General of Victoria.
Interlocutory application lodged Friday 12 July 2024 to add the Attorney-General of the Commonwealth of Australia, the Honourable Mark Dreyfus, as Second Respondent .
Interlocutory application lodged Monday 15 July to disqualify the Honourable Justice Tim McEvoy.
Hearing date of the interlocutory applications was 10am Thursday 8 August 2024 with Judicial Registrar Joanne Wilson who abruptly on Wednesday 7 August 2024 “vacated” the hearing date and referred the case to a Judge for hearing as the applicant had requested.
There is also another interlocutory application submitted on Friday 2 August 2024 re smoking ceremony and hearing at Camp Sovereignty. No news yet on this one.
DOCUMENTS FILED
1. Originating Application, 26.6.24
2. Statement of terms of decision 31.5.24
3. Notice of a Constitutional matter, 1.7.24
4. Affidavit of Uncle Robbie Thorpe 3.7.24 re Service of Notice of Constitutional Matter
6. Affidavit in support of interlocutory application 12 July 2024 re adding AG as respondent
10. Affidavit 1 of Uncle Robbie Thorpe re update on AG etc, 1.8.24, FCA VID5892024
11. Affidavit 2 of Uncle Robbie Thorpe re correspondence with Court etc 1.8.24, FCA VID5892024
13. Affidavit of Uncle Robbie Thorpe, 7.8.24, VID5892024
14. Interlocutory Application for Court to sit at Camp Sovereignty, 8.8.24, Uncle Robbie Thorpe
15. Affidavit in support 2.8.24, Uncle Robbie Thorpe, FCA VID5892024
CORRESPONDENCE WITH COURT — AND ATTORNEY-GENERAL
(i) Interlocutory Application re adding AG as respondent etc, Uncle Robbie Thorpe, 12.7.24
(ii) Affidavit of Uncle Robbie Thorpe, 12.7.24
2. Email with second interlocutory application (to disqualify Judge McEvoy), 15.7.24
3. Email from registry confirming second application– with Judge McEvoy, 15.7.24
5. Email reply from Registry, 9.21 am 19.7.24
6. Email from AGS on behalf of Attorney-General not intervening, 22.7.24
8. Email to Federal Court CEO Sia Lagos re smoking and camp visit, 1pm Friday 2.8.24 with two Attachments:
(ii) Affidavit in support 2.8.24, Uncle Robbie Thorpe
11. Email from registry re lodgement duplication, 8.59am Monday 5.8.24
(i) Order-of-Judicial-Registrar-Conidi-4.4.24
(ii) Signed-Order-of-judge-Melinda-Richards-22.4.24
13. Email to CEO re Spears etc; Live stream; video, 10.44am Monday 5.8.24
15. Email from AGS Senior Lawyer Liam Boyle, 4.48pm Tuesday 6.8.24
16. Email reply to Australian Government lawyer, 8.30 am 7.8.24 with attachment
17. Email:Letter to AGS Senior Lawyer and VicReg, 8.30am 7.8.24
18. Auto-reply from Attorney-General to letter to AGS Boyle, 8.31am 7.8.24
19. Email from Registrar Wilson vacating hearing date for a Judge, 10.28am, 7.8.24
20. Affidavit 7.8.24 emailed to AG and AGS, 12.42pm 7.8.24
21. Auto-reply from AG with same subject line, 12.43pm 7.8.24
22. Email from Registrar Wilson with Orders attached, 8.8.24
23. Order 8.8.24: adjourned to Case Management Hearing before a Judge on Wednesday 9 October 2024,
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Documents lodged at Registry with Lodgement ID 1323946 24.5.24–29.5.24
UNCLE ROBBIE THORPE v THE HONOURABLE MARK DREYFUS
1.Originating Application, Thorpe v Dreyfus, 24.5.24
2.Statement of Claim — Thorpe v Dreyfus, 24.5.24
5.(i) Email to the relevant Registrar 29.5.24 re letter from Attorney-General’s solicitor.
5.(ii) 20240529 – Thorpe v Dreyfus purported 78B notice – letter (1)
6.(i) Refusal email from Registry, 31.5.24
6.(ii) Letter to Uncle Robbie Thorpe dated 31 May 2024
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Documents filed in “Urgent Application before start of proceeding” Form 12, Rule 7.01(2) 12.5.24-20.5.24
UNCLE ROBBIE THORPE, Prospective Applicant
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