Warrants are sought for the arrest of Tony Abbott, Scott Morrison, George Brandis and others

From: "Ray Jackson"

as previously advised, isja had intended to do a view of the current human rights abuses and abrogations and the federal government's fully sanctioned criminal acts against the legitimate right of asylum seekers to come to this country. they are not 'boat people' or 'illegals', their legitimacy or otherwise must be decided only by standards of the un declaration on refugees of which australia has been a long time signatory.

instead we pass on the detailed application to show cause below and urge your full support in this action.

the abbott government, (non)immigration minister scott morrison and the department of (non)immigration are as responsible for the death of the iranian asylum seeker reza berati in the mannus island detention camp during february this year. as is. of course, the first law man of this country, federal attorney-general, george brandis who is not only allowing these inhumane acts to occur but he is actively aiding and abetting their practice.

we are most pleased to see that relief has also been sought for the death of 17 year old thomas 'tj' hickey for his death arising from a redfern police pursuit in february, 2004. see #14 of the reliefs sought.

isja applauds and strongly supports this action by the four plaintiffs to bring to justice the above-named criminals, among other defendants named, and to force them to answer for their collective human rights crimes.

this association stands ready to do all in our power to present a united voice in this action.

we are with you in all solidarity!

fkj

ray jackson
president
indigenous social justice association

prix des droits de l'homme de la republique fraincaise 2013
(french human rights medal 2013)

isja01@internode.on.net
61 2 9318 0947
0450 651 063

we live and work on the stolen lands of the gadigal people

Warrants are sought for the Arrest of Tony Abbott, Scott Morrison
and George Brandis for the
a) Genocide, resulting in the
b) Murders by Joint Enterprise of Asylum Seekers, Refugees, and other
immigrants, and first nations peoples;
c) Piracy on the High Seas;
d) Human Trafficking of 157 asylum seekers;
e) Child Abuse.

APPLICATION FOR AN ORDER TO SHOW CAUSE
http://www42.zippyshare.com/v/64505084/file.html [130]

Notice of a Constitutional
http://www41.zippyshare.com/v/10285997/file.html [131]

IN THE HIGH COURT OF AUSTRALIA

[_Melbourne_]
REGISTRY
No. of 2014

BETWEEN:

LE TUAN PHAM

First Plaintiff

KOULA RAFAILIDIS

Second Plaintiff

ROBERT ALAN THORPE

DJURAN BUNJILEENEE BORUN MUNDUNDARUNG

Third Plaintiff

KRAUATATUNGALUNG
TJAPWHURONG ABORIGINES PEOPLE

Fourth Plaintiff(s)

and

TONY ABBOTT, PRIME MINISTER (COMMONWEALTH OF AUSTRALIA)

First Defendant

SCOTT MORRISON, IMMIGRATION MINISTER (COMMONWEALTH

OF
AUSTRALIA)

Second Defendant

GEORGE BRANDIS, ATTORNEY GENERAL (COMMONWEALTH

AUSTRALIA)

Third Defendant

DENISE WEYBURY (Registrar High Court Australia)

Fourth Defendant

ROSEMARY MUSOLINO (Registrar High Court Australia)

Fifth Defendant

JARROD BLEIJIE, ATTORNEY GENERAL (State of QLD)

Sixth Defendant

ROBERT WILLIAM CLARK, ATTORNEY GENERAL (State of

Victoria)

Seventh Defendant

PRESIDENT OF AUSTRALIAN HUMAN RIGHTS COMMISSION

(Commonwealth Australia)

Eighth Defendant

VICTORIAN EQUAL OPPORTUNITY AND HUMAN RIGHTS COMMISSION
(VIC) Ninth Defendant

SIMON PAUL WHELAN (Court of Appeal Victoria)

Tenth Defendant

PETER NORMAN VICKERY (Court of Appeal Victoria)

Eleventh Defendant

GEOFFREY ARTHUR AKEROYD NETTLE (Supreme Court Victoria)

Twelfth Defendant

MARCIA ANN NEAVE AO (Supreme Court Victoria)

Thirteenth Defendant

GREGORY HOWARD GARDE AO (SUPREME COURT VICTORIA)

Fourteenth Defendant

KARIN LEIGH EMERTON (Supreme Court Victoria)

Fifthteenth Defendant

NEMEER MUKHTAR (SUPREME COURT VICTORIA)

Sixtheenth Defendant

PRESIDENT VCAT VICTORIA (VCAT Victoria)

Seventeenth Defendant

PROTHONOTARY (SUPREME COURT VICTORIA)

Eighteenth Defendant

DEP PRESIDENT IAN LULHAM (VCAT Victoria)

Ninteenth Defendant

S/MEMBER CREMEAN (VCAT Victoria)

Twentieth Defendant

S/MEMBER J GRAINGER (VCAT Victoria)

Twenty First Defendant

PRINCIPAL REGISTRAR (VCAT Victoria)

Twenty Second Defendant

JUDICIAL REGISTRAR MARK PEDLEY (Court of Appeals Vic)

Twenty Third Defendant

SHANE MARSHALL (Federal Court Australia)

Twenty Fourth Defendant

ANTHONY MAX NORTH (Federal Court Australia)

Twenty Fifth Defendant

JOHN HANDLEY (Senior Member,

Administrative Appeals Tribunal)

Twenty Sixth Defendant

JOHN VON DOUSSA, PRESIDENT HUMAN RIGHTS AND
EQUAL

OPPORTUNITY
COMMISSION

(COMMONWEALTH OF AUSTRALIA)

Twenty Seventh Defendant

Bernard Bongiorno, SUPREME COURT VICTORIA

Twenty Eighth Defendant

APPLICATION FOR AN ORDER TO SHOW CAUSE

To: Parties

TAKE NOTICE that this application has been made by the plaintiff for
the relief that is set out below on the grounds that are set out
below.

IF YOU INTEND TO DEFEND the proceeding you must file a notice of
appearance in the office of the Registry named above.

IF YOU ARE WILLING TO SUBMIT to any order that the Court may make,
save as to costs, you may file a submitting appearance in the office
of the Registry named above.

THE TIME FOR FILING AN APPEARANCE is as follows:

(a) where you are served with the application within Australia –
14 days from the date of service;

(b) in any other case – 42 days from the date of service.

THE RELIEF CLAIMED IS

1. An urgent hearing is sought in front of the Full
Bench of the High Court of Australia on Matters of Constitutional
Matters and International Treaties, and an Application for a Notice to
Show Cause why Prerogative Writs of Mandamus, and or Prohibition
should not be granted to the Plaintiffs, preventing Commonwealth of
Australia from unlawful discrimination based on race, ethnicity or
creed resulting in genocide and murder by joint enterprise, of asylum
seekers, refugees and other immigrants, and first nations peoples;

2. Warrants are sought for the Arrest of Tony Abbott,
Scott Morrison and George Brandis for the

a) Genocide, resulting in the

b) Murders by Joint Enterprise of Asylum Seekers, Refugees, and
other immigrants, and first nations peoples_;_

c) Piracy on the High Seas;

d) Human Trafficking of 157 asylum seekers;

e) Child Abuse.

3. Warrants are sought for the Arrest of Robert
Clarke for the interference in the administration of justice;

4. Bold Declaration from the Full Bench of the High
Court Australia:

a. whether the Commonwealth of Australia is governed by the Rule
of Law or by the Whims of Men, corrupted by the Law;

5. Bold Declaration from the Full Bench of the High
Court Australia:

a. whether the Commonwealth of Australia is governed by the
Principles of Common Law;

b. whether the Commonwealth of Australia is governed by the
Principles of Legality;

c. whether the Commonwealth of Australia is governed by the Kable
Principle;

6. Bold Declaration from the Full Bench of the High
Court Australia, that:

a. Rule 2.06 of the High Court Australia is
UNCONSTITUTIONAL and violates and usurp the Australian Constitution
without the CONSENT of the Australian Peoples;

b. Rule 2.06 of the High Court Australia, amounts to an
administrative function, and should be challenged under Judicial
Review;

c. Rule 2.06 of the High Court Australia is
discriminatory, directly or indirectly; and targeted at the First
Plaintiff in 2010 by the Senate Committee for Constitutional Matters
and the Governor General without the Consent of the Australian People;

c. Rule 2.06 violates the Kable Principle and
puts the integrity of the High court in question;

7. Bold Declaration from the Full Bench of the High
Court Australia, that:

a. An abuse of Discretion amounts to unlawful discrimination,
direct or indirect, where protected groups of people are affected;

b. An abuse of Discretion amounts to unlawful discrimination, and
vilification.

8. Bold Declaration from the Full Bench of the High
Court Australia:

a. Which Groups are exempt from the Crimes Act 1914 (Commonwealth),
and other Crimes Acts.

9. Bold Declaration from the Full Bench of the High
Court Australia:

a. that pursuant to COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT -
SECT 75, (the _Constitution_)

_Original jurisdiction of High Court_

_ In all matters:_

_ (i) arising under any
treaty;_

_ (iii) in which the
Commonwealth, or a person suing or being sued on behalf of the
Commonwealth, is a party;_

_ (iv) between States, or
between residents of different States, or between a State and a
resident of another State;_

_ (v) in which a writ of
Mandamus or prohibition or an injunction is sought against an officer
of the Commonwealth;_

_ _

and or, __

b. JUDICIARY ACT 1903 - SECT 38,

_Matters in which jurisdiction of High Court exclusive_

_ _

_ Subject to sections 39B and 44,
the jurisdiction of the High Court shall be exclusive of the
jurisdiction of the several Courts of the States in the following
matters:_

_ _

_ (a) matters arising
directly under any treaty;_

_ (b) suits between States,
or between persons suing or being sued on behalf of different States,
or between a State and a person suing or being sued on behalf of
another State;_

_ (d) suits by a State, or
any person suing on behalf of a State, against the Commonwealth or any
person being sued on behalf of the Commonwealth;_

_ (e) matters in which a
writ of mandamus or prohibition is sought against an officer of the
Commonwealth or a federal court._

_ _

c. that the High Court shall have original jurisdiction;

d. And that the High Court is made of no less than two (2)
properly authorized judges;

e. And that the Plaintiffs do not need LEAVE to have such matters
heard in the High Court, arising directly under any treaty: inter alia

_i. International Covenant on Civil and Political Rights_

_ii. International Convention on the Elimination of All Forms of
Racial Discrimination_

_iii. Inter alia;_

And or,

f. matters in which a writ of mandamus or prohibition is sought
against an officer of the Commonwealth or a federal court.

10. Bold Declaration from the High Court Australia:

a. an officer of the Commonwealth or a federal court is defined
in the CRIMES ACT 1914 - SECT 3

_Interpretation_

_ _

_"Commonwealth officer" means a person holding office under, or
employed by, the Commonwealth, and includes:_

_ (a) a person appointed or
engaged under the Public Service Act 1999 ;_

_ (aa) a person permanently
or temporarily employed in the Public Service of a Territory or in, or
in connection with, the Defence Force, or in the Service of a public
authority under the Commonwealth;_

_ (b) the Commissioner of
the Australian Federal Police, a Deputy Commissioner of the Australian
Federal Police, an AFP employee or a special member of the Australian
Federal Police (all within the meaning of the Australian Federal
Police Act 1979 ); and_

_ (c) for the purposes of
section 70, a person who, although not holding office under, or
employed by, the Commonwealth, a Territory or a public authority under
the Commonwealth, performs services for or on behalf of the
Commonwealth, a Territory or a public authority under the
Commonwealth; and_

_ (d) for the purposes of
section 70:_

_ (i) a
person who is an employee of the Australian Postal Corporation;_

_ (ii) a
person who performs services for or on behalf of the Australian Postal
Corporation; and_

_ (iii) an
employee of a person who performs services for or on behalf of the
Australian Postal Corporation._

11. Writ(s) of mandamus or prohibition is sought against
the Defendant(s), officers of the Commonwealth or a federal court,

a. for an abuse of discretion, and

b. a breach of the Human Rights and Equal Opportunity Act (Cth)
1986 (the HREOCA), and the Charter for Human Rights and Responsibility
Act (VIC) 2006 (the Charter), in flagrant disregards for Australia’s
obligations to International Treaties, s75 of the Constitution and s38
of the Judiciary Act.

c. And a CONSPIRACY TO CAUSE INJURY AND DEATHS TO ABORIGINES AND
REFUGEES, BY USING COMMONWEALTH OFFICERS INCLUDING FEDERAL AND STATE
POLICE POLICE FORCE AND A PRIVATE ARMY AGAINST DEFENSELESS PEOPLES.

12. Suspension of Offshore processing of Asylum Seekers is
sought;

13. Suspension of VICIOUS LAWLESS ASSOCIATION
DISESTABLISHMENT BILL 2013 is sought;

14. Suspension of ALL Proceedings, Orders and Judgments
against ALL Plaintiffs and any Australian Citizens, until Rule of Law
is re-instated or re-established;

15. Writ of Habeas Corpus, or an Application in the manner
of, is sought for ALL the Asylum Seekers, and other detainees under
Border Protection or otherwise; or for the Asylum Seekers, and other
detainees under Border Protection or otherwise, be brought before the
Court;

16. Writ of Mandamus or Prohibition, or an Application in
the manner of, is sought against the Immigration Minister and all
Attorneys General, preventing them from interfering with
investigations into the deaths of Asylum Seekers, Refugees or other
Immigrants, and to interfere with the administration of justice;

16. No other orders or proceedings can commence until the
aforementioned questions are answered;

17. And any other orders as the High Court sees fit, in
order to serve the best interest of Justice and public interest, in
the administration of Australian Democracy, and its obligations to
international laws and treaties.

18. Plaintiffs seek to file submissions to any High Court
hearing relating to any Asylum Seeker, Refugee Welfare.

THE GROUNDS ON WHICH THE RELIEF IS CLAIMED ARE:

1. The Rule of Law and the Principle of Legality demands the
Competence, Independence and Impartiality of the Judge;

2. And the Australian Constitution demands the Separation of
the powers of the Executive and Judiciary; these principles are
violated the officers of the High court of Australia; Exhibit 1

3. The Incompetence of the Individual Judge(s) of High Court of
Australia to act in a judicial capacity has caused the death of First
Nations Peoples, Asylum Seekers, Refugees and other Immigrants;

4. The Incompetence of the Individual Judge(s) of High Court of
Australia to act in a judicial capacity has allow the Commonwealth of
Australia to engage in Genocide resulting in Murder by Joint
Enterprise, Piracy on the High Seas, Human Trafficking, and Child
Abuse;

5. The Incompetence of the Individual Judge(s) of High Court of
Australia to act in a judicial capacity has allowed the state judges
to engage in usurping the Discrimination Acts (State and Federal), the
Charter for Human Rights and Responsibility Act 2006 (VIC), inter alia
, as a means to usurp the Rule of Law and the Principle of Legality;
Exhibit 2

6. Common Law Principles dictates that precedence be applied,
and _TOMASEVIC V TRAVAGLINI & ANOR [2007] VSC 337 (13 SEPTEMBER 2007),
DICTATES THAT THE PRESIDING JUDGE ASSIST UNREPRESENTED LITIGANTS_

7. Until the incompetent lawyers and barristers at Government
Solicitors Office(s) challenge that decision, any judge that refuses
to comply and abuse discretion amounts to unlawful discrimination,
direct or indirect.

8. Incompetent Lawyers begat incompetent judges, and their
incompetence is unsafe for First Nations Peoples, Asylum Seekers,
refugees and other immigrants.

9. The Principle of Separation of Powers of Judiciary,
Executive, and Legislative branches are usurped.

10. The Kable Principle has been usurped.

11. The murder of 23-year-old Iranian asylum seeker Reza Berati
during the February 2014 riot inside the Manus Island detention
centre.

12. At the end of May 2014, 29-year-old Leo Seemanpillai feared
being sent back to Sri Lanka, extremely anxious about being deported
the day before he died after setting himself alight in Geelong;

13. In May 2010, Gong Ling Tang was left to die outside Dandenong
police station; police smirking as a man in their custody writhes in
pain, and is then abandoned outside a police station to die.

14. In 2004, Seventeen-year-old Thomas "TJ" Hickey was killed when
he lost control of his bicycle and became impaled on a fence next to
Redfern Park, when chased and threatened by Police.

15. In incompetence of the High Court Australia to act in a
judicial manner pursuant to the Australian Constitution, relating to
Treaties and prerogative writs, has allowed the Commonwealth to
continue with their genocidal policies in causing murders by joint
enterprise;

16. The Incompetence of the Court of Appeal of Victoria to answer
questions of law or make declarations pursuant to the Charter for
Human Rights and Responsibility Act 2006, has allowed the Attorney
General and the Victorian Government Solitictors to continue with
their genocidal policies in causing murders by joint enterprise with
Victorian Police, usurping the Fairing Hearing rule;

EXHIBITS TO AFFIDAVIT IN SUPPORT:

1. Correspondence between Mr David McCann, Senior Registrar
County Court Victoria and Mr Christopher M Doogan, Chief Exeutive and
Principal Registrar High Court Australia, indicating “…it is
considered appropriate for the High Court of Australia to be
responsible for the handling of the Commonwealth’s defence in the
matter of O’Bryan v Commonwealth.

2. Correspondence between, Assistant Victorian Government
Solicitor to the Associates to Emerton J, indicating the incompetence
of Emerton J in failing to consider the facts in the cases S CI 2013
00093 and 00092, which the Appellant had asked to be separated;

* Authorities:

* Momcilovic v The Queen [2011] HCA 34 (8 September 2011)
* Kostas v HIA Insurance Services Pty Limited [2010] HCA 32
* Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2][126]
* University of Wollongong v Metwally (1984)
* _Tomasevic v Travaglini & Anor [2007] VSC 337 (13 September 2007)_

* Mandamus will lie for an abuse of discretion where discretion has
been exercised arbitrarily and capriciously or where discretion has
been exercised in bad faith, Peavey Co. V. Corcoran 714 S.W.2d 943. In
such instances the abuse amounts, in effect, to no discretion.
Mandamus is warranted when the abuse is clear or results in a manifest
injustice, Reis V. Nangle 349 S.W.2d 943. Mandamus will lie when an
official refuses to act when he has a duty to act and refuses to do
so.

This application shall be heard at the time and place stated [_if a
summons is to be served with the application_] in the summons served
with this application / [_if no summons is to be served with the
application_] in a summons to be served at a later time.

This application was filed by the plaintiff.

Dated:

................(signed)...................

[_Name of plaintiff / plaintiff’s solicitor_]

The plaintiff’s address is [ ].

The plaintiff’s address for service is [ ].

Websites with coverage of Indigenous struggle:
http://www.isis.aust.com/theblock/
http://jintajungu.ghostchild.com/
http://active.org.au/sydney/
http://www.REDWatch.org.au/

To visit the Socialist Alliance website, click on:
http://www.Socialist-Alliance.org/

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