Justice Kirby’s High Court Ruling can be viewed at Fejo v Northern Territory [1998] HCA 58; 195 CLR 96; 156 ALR 721; 72 ALJR 1442 (10 September 1998) https://jade.io/article/68082
JUSTICE MICHAEL KIRBY 1998 AUSTRALIAN
HIGH COURT RULING – NO-ONE BUT NO – ONE, NOT EVEN THE QUEEN COULD TRESPASS OR TAKE PROPERTY HELD IN FEE SIMPLE –
You could demand anyone attempting to trespass to get a High Court Order to over-ride Justice Michael Kirby’s order, or demand that the Police (if attending) advise the aggressor to take the matter to the High Court to obtain a valid order to over-ride Justice Kirby’s order.
Actual wording was:
Point 47: ‘‘Subject to whatever qualifications may be imposed by statute or the common law, or by reservation or grant, the holder of an estate in fee simple may use the land as he or she sees fit and may exclude any and everyone from access to the land.
and;
Point 93: ‘‘It confers, and since the beginning of legal history it always has conferred, the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination”.
See also the Sanchia R page for the ROMANI v NEW SOUTH WALES
Romani v State of New South Wales [2023] NSWSC 49 (pdf)
Add to relevant documents:
Revocation of Implied Right of Entry
Revocation of Implied Right of Entry to property x Blacksville Street, Blacksville.
Any and all Implied Right of Entry is hereby removed, trespass damages apply pursuant to the No Trespass sign on that property. No Lawful Right Of Entry without a lawfully executed, valid in law warrant of the King’s process.
Fejo v Northern Territory (1998) HCA 58; 195 CLR 96; 156 ALR 721; 72 ALJR 1442
Plenty v Dillon (1991) 171 CLR 635
Romani v State of New South Wales (2023) NSWSC 49
No Trespass sign
TRESPASS-NOTICE on the right (pdf)
PMA Members can download artwork for a simple “PMA Members Only” No Trespass gate sign.
Additional signage options
TrespassSignGold (2 on an A4 pdf, same as below but 32oz gold)
TrespassSign100k (2 on an A4 pdf, as below, $100,000)
