Principality of Hutt River
|Principality of Hutt River|
Motto: Dum Spiro Spero
"While I Breathe, I Hope"
Anthem: "It's a Hard Land" by Keith Kerwin
|Ethnic groups||Anglo-Celtic Australians, Australian Aborigines (Nunda Tribe)|
|Prince Graeme I|
|21 April 1970|
|75 km2 (29 sq mi)|
|30 full time residents,|
|Purported currency||Hutt River Dollar, tied 1:1 with Australian Dollar|
The Principality of Hutt River, often referred to by its former name, the Hutt River Province, is a micronation in Australia. The principality claims to be an independent sovereign state founded on 21 April 1970. The territory is located 517 km (354 mi) north of Perth, near the town of Northampton in the state of Western Australia. It has an area of 75 square kilometres (29 sq mi), making it larger than several independent countries. It is not recognised as a country by the Australian Government or any other national government, and the High Court of Australia and Supreme Court of Western Australia have rejected submissions arguing that it is not subject to Australian laws.
The Principality is a regional tourist attraction and issues its own currency, stamps and passports (which are not recognised by the Australian Government or any other government). The micronation was founded on 21 April 1970 when Leonard Casley declared his farm to be an independent country, the Hutt River Province. He attempted to secede from Australia over a dispute concerning wheat production quotas. A few years later, Casley began styling himself 'Prince Leonard' and granting family members royal titles, although he did not include the word "principality" in his country's official name until 2006.
Leonard Casley declared the Principality an independent province in 1970 in response to a dispute with the government of Western Australia over what the Casley family considered draconian wheat production quotas. The Casley farm had around 4,000 hectares (9,900 acres) of wheat ready to harvest when the quotas were issued, which allowed Casley to sell only 1,647 bushels or approximately 40 hectares (99 acres). Initially, the five families who owned farms at Hutt River banded together to fight the quota, and Casley lodged a protest with the Governor of Western Australia, Sir Douglas Kendrew. The Governor did not assist.
Casley lodged a Court claim in tort against the Governor for A$52 million in the hope the claim would force a revision of the quota. Casley also claims he made a successful Court claim using the law of unjust enrichment to successfully seize government land surrounding his farm which he hoped would increase his wheat quota.
Two weeks later, Casley claims the government introduced a bill into Parliament to "resume" his and the other families' lands under compulsory acquisition laws. At this point, Casley claimed that international law allowed them to secede and declare independence from the Commonwealth of Australia. Casley has said that he nonetheless remains loyal to Queen Elizabeth II. From this time on Casley asserted that the Principality had successfully seceded from Australia.
At about this time, Casley claims that in correspondence with the Governor-General's office, Casley was on one occasion inadvertently addressed as the "Administrator of the Hutt River Province". Casley claims this constitutes legally binding recognition of the Principality.
At about this time, Casley styled himself "His Majesty Prince Leonard I of Hutt". Casley did this because he believed it would enable him to take advantage of the British Treason Act of 1495, which provides that the de facto king of a nation cannot be guilty of treason in relation to any act against the lawful king and that anyone who interfered with that monarch's duties could be charged with treason. No government or legal scholar has ever accepted this legal theory of Casley's.
Casley says he continued to sell his wheat in open defiance of the quota. Casley believes that under Australian law the federal government had two years to respond to Casley's declaration of sovereignty. Casley says the failure to respond gave the province "de facto autonomy" on 21 April 1972, but that the Western Australian government can still dispute the secession.
On 15 February 1977, despite Casley's claims to sovereignty, Casley was successfully prosecuted for failing to comply with requirements to furnish the Australian Taxation Office (ATO) with required documents.
On 2 December 1977, famously, the Principality declared war on Australia. Casley notified authorities of the cessation of hostilities several days later. It may be more than coincidence that this declaration of war came in just a few months after a court decision where Casley was fined for failing to furnish the ATO with certain documents. The short state of war between the principality and Australia was a scheme where Casley’s purpose was to argue that, under the Geneva Treaty Convention of 12 August 1949, a government should show full respect to a nation undefeated from a state of war. Casley then wrote to the Governor-General and asserted that: "Sovereignty is automatic to a country undefeated in a state of war...and if the state of war is not recognized by the other party, once the notice is given then these conventions apply to their relations." Again, there is no support for this theory.
In 1978, Casley appealed to the Supreme Court of Western Australia against a conviction for conducting a shop on his property without a permit. His appeal was dismissed, except to alter the penalty. Casley did not suggest his land was not subject to Australian law in this appeal.
In 1970 and 1984, Casley unsuccessfully defended civil legal actions brought against him by private parties - in the former case, an injunction was granted against him in relation to a land deal, and in the latter case, he was ordered to pay debts owed to a publishing company he had contracted to print copies of a book called The Man, which was about himself and his achievements. Casley did not suggest in these cases that he was not subject to the jurisdiction of the courts of Australia.
In the early 1980s, the Principality declared itself to be a kingdom, but soon reverted to its original status of a principality. The Principality released a number of stamps and coins.
In about 2006, Casley was again successfully prosecuted by the ATO. He sought special leave to appeal to the High Court of Australia, but his application was dismissed with the comment that his arguments were "fatuous, frivolous and vexatious".
In September 2006, Prince Leonard decided to change the Province's name to "Principality of Hutt River".
In January 2017, Prince Leonard announced that, after ruling for 45 years, he would be stepping down as prince, to be succeeded by his youngest son, Prince Graeme. With a number of potential sons and daughters, the successor was nominated by the Prince and approved by a crown committee. Some commentary at the time had expected his older son, Prince Lan, to be the successor.
In June 2017, Prince Leonard was ordered by the Supreme Court of Western Australia to pay $2.7 million unpaid tax, and Prince Wayne was ordered to pay $242,000 unpaid tax.
The Principality has no legal status as a matter of Australian law.
In 2007 the High Court of Australia dismissed an application by Casley for leave to appeal against a judgment against him in favour of the Commissioner of Taxation relating to Casley's failure to file tax returns. Casley argued he resided in the "Hutt River Province" and that that is not part of Australia and not subject to Australian taxation law. The Court dismissed Casley's application and found that "the arguments advanced by the applicants [are] fatuous, frivolous and vexatious." This seems to determine conclusively that, so far as Australia's highest court of law is concerned, the Principality does not have independent status as a country.
Moreover, the Australian Government on its official website, and on many occasions where it has proven necessary, has unequivocally stated it does not recognise the secession of the Principality. Passports issued by the Principality are not recognised by the Australian Government. Casley has made unverified claims that they have been accepted on some occasions by some unspecified foreign countries. Despite these claims, there is a documented instance of a man being arrested in Germany for attempting to use a Hutt River Province 'diplomatic passport'.
Casley has claimed that in 2012 the ATO sent him a tax demand to which he simply responded with a document stating he was a "foreign national and non-resident of Australia." He has also repeatedly claimed that while he is required to lodge income tax forms, he is classed by the ATO as a "non-resident of Australia for income tax purposes" and does not pay tax.
However, in 2017 Justice Le Miere of the Supreme Court of Western Australia ordered Leonard Casley to pay more than A$2.7 million in unpaid taxes, and Arthur Casley to pay more than A$242,000 in unpaid taxes. The judge said: "[T]he defendants [argue] ... the court does not have jurisdiction over the defendant[s] or to hear the matter because they are the sovereign of, or citizen of, the Hutt River Province which is an independent sovereign state. That argument has no legal merit or substance. Anyone can declare themselves a sovereign in their own home but they cannot ignore the laws of Australia or not pay tax." An appeal to the Court of Appeal was dismissed.
Despite all this, the Principality continues to argue it is an independent entity within the Australian legal system. The Principality has repeatedly tried to use a document that is purportedly a letter from the Commonwealth Department of Territories admitting, amongst other things, that the Principality is a "legal entity", to further its arguments. The Australian Government has noted that Leonard Casley "has used the document in various countries in the past and even sent a copy of it to Senator Evans in 1993". The Australian Government has also told foreign governments the following about this document: "We have seen the purported 'Department of Territories Minute' before. The clumsy language, including a Malapropian use of 'a mute point' gives it away for what it is, a poorly attempted forgery."
The Principality also has claimed that all social security benefits were withdrawn from Hutt River’s residents at the time of secession by the Australian Government. It further claims that residents do not receive pensions, medical benefits, educational allowances, child endowments or benefits normally paid to war veterans. Despite voting being compulsory by law in Australia, Leonard Casley also has claimed to have successfully removed the names of Hutt River residents from the Australian electoral roll.
Casley admits he makes annual payments to the Shire of Northampton, the local government authority, although he chooses to characterise these payments as "gifts" rather than council rates. The Principality says it levies its own income tax of 0.5% on financial transactions by foreign companies registered in the province and personal accounts.
There have been some occasions where organisations have stated the Province has some sort of sovereignty, including the following:
- The National Museum of Australia contains an exhibition on the theme of 'Separation' within Australia which includes a Hutt River Province display which states that Casley "successfully seceded from Australia".
- Judy Lattas, a sociologist at Macquarie University, once incorrectly stated "many officials in Western Australia, some quite high up, and even nationally in Australia are happy to play out the myth of Hutt River’s sovereignty [by] attending [Hutt River] functions, returning correspondence [and] abandoning the claim for tax."
- In 2005, the Shire of Norhampton listed the Principality as having "high historic and social significance as the site of Australia's only independent principality."
In 2010, Brendon Grylls, the then Western Australian Minister for Regional Development and Lands, was asked if his state had a "position" on the Principality. He replied "Only that Prince Leonard is an enigma ... There is nothing currently on my agenda as Minister ...that relates to that."
Treatment by overseas nations
From 1984 to 2010, Australian diplomatic missions in 28 countries exchanged 120 diplomatic cables with Australia concerning activities relating to the Principality.
In 2008, the Council of the European Union issued a memorandum identifying Hutt River passports among known "fantasy passports ... issued by private organisations and individuals" to which a visa should not be affixed.
Hong Kong does not recognise the Principality, but its corporate registry did at one point recognise the Principality as a place where a company could be incorporated. The Hong Kong Registry, however, were looking at reviewing their list of accredited places for company incorporation after the issue was raised in an adverse manner by Australian media.
In 2008, a 48-year-old French man who claimed to be an ambassador representing the Principality to the United Arab Emirates, his 36-year-old female compatriot and a 28-year-old Pakistani man, were charged by the UAE over issuing travel documents and selling land in the Principality to UAE residents under false pretences. Casley stated the man had no diplomatic standing in the Principality and had only made a single visit to the province.
In April 2016, the Principality received a letter from Queen Elizabeth II which communicated the Queen’s good wishes on the anniversary of the founding of the Principality 46 years ago, on 21 April 1970. The letter from Buckingham Palace is signed by Sonia Bonici, Senior Correspondence Officer. It reads in part: “I am to convey Her Majesty’s good wishes to you and to all concerned for a most enjoyable and successful celebration on 23rd and 24th of April to mark the forty-sixth anniversary of the Principality of Hutt River.” The Queen was replying to a letter from Prince Leonard congratulating her on her 90th birthday.
The Principality is situated 517 km (354 mi) north of Perth, along the Hutt River. It is about 75 square kilometres (29 sq mi; 19,000 acres) in size. Exports include wildflowers, stamps and coins and agricultural produce which is also exported overseas. Tourism is also important to the economy with 40,000 tourists, predominantly from overseas countries, visiting the principality every year.
While the Principality has only 23 residents, it claims a worldwide citizenry of 14,000. The Principality has no standing army, but a number of its citizens have been awarded military commissions. Honorary guardsmen attend Casley on formal occasions and, despite being completely landlocked, naval commissions have been conferred on supporters of the principality.
Since 2 September 2004, Hutt River Province/Principality has accepted company registrations. At least one company experienced in the registration of entities in traditional offshore jurisdictions (British Virgin Islands, Cayman Islands etc.) as tax havens has been authorised to act as a registered agent for PHR incorporations. On 29 March 2005 the Hutt River Province International Business Company announced that it would accept registrations of company trusts which have since been promoted worldwide by registered financial agents. Concerned that Hutt River registrations "may be sold as part of a tax avoidance or evasion arrangement", in April 2012 the Australian Taxation Office warned potential purchasers that the registrations have no legal basis and "could be illegal". Hutt River also allows car registrations, including issuing license plates to overseas vehicles.
When the Principality of Hutt River seceded, a bill of rights, a brief document outlining the rights of "Hutt River" citizens, was drafted. It also provided for an administration board to govern the principality until a permanent form of government could be established. When Casley declared himself "Prince", the administration board clause lost effect and the Hutt River Principality became an absolute monarchy, with a legislation committee to draft new legislation.
In 1997, the legislation committee presented a proposal for a constitution to Casley and his cabinet. Although he and the cabinet are yet to officially adopt and promulgate the proposal, there is a decree stating that any constitution will be in effect while under consideration, except for any clauses that conflict with the bill of rights, so the proposal has essentially become a provisional constitution.
|His Royal Highness, The Prince of Hutt|
|HRH Prince Graeme I|
|Style||His Royal Highness Majesty|
|First monarch||Prince Leonard I of Hutt|
|Formation||21 April 1970|
"His Royal Highness Prince Leonard I of Hutt" is the style used by Leonard Casley since his creation of the Principality. Prince Leonard pursued a number of occupations before purchasing a large wheat farm near the towns of Northampton and Geraldton in the 1960s. He worked for a shipping company based in Perth and, although he left school at 14, describes himself as a mathematician and physicist and has claimed to have written articles for NASA. He is an adherent of hermeticism, a subject on which he has privately published a number of research papers and books. He is the subject of a permanent exhibit at the National Museum of Australia in Canberra.
Prince Leonard was married to Shirley Casley (née Butler) until her death on 7 July 2013. The Principality went into a period of mourning, closing some of its services. She was styled as "Her Royal Highness Princess Shirley of Hutt, Dame of the Rose of Sharon". Princess Shirley played host to dignitaries and diplomatic representatives visiting the Principality each year as well as receiving television crews and magazine journalists. She was the patron and chair of the board of directors of the Red Cross of Hutt, a parallel organisation to the International Red Cross.
Leonard and Shirley had seven children, among them Ian Casley ("Prince Ian", born 1947) and Graeme Casley. Prince Ian is involved in wildflower production, with the product being exported to Perth and internationally. Prince Graeme succeeded his father in an enthronement ceremony that took place on 11 February 2017.
Prince Leonard claims the use of titles is purely practical as they are required for legal purposes.
The Principality's currency is the Hutt River dollar, which is divided into 100 cents. The Hutt River dollar is pegged at a one-to-one ratio with the Australian dollar. All authorised Principality coins are minted by Canada’s Lombardo Mint and the New Queensland Mint.
The Principality introduced a set of low denomination banknotes in 1974. These are denominated from 10 cents to two dollars. Principality coins were issued from 1976.
First series: 1976–78
Four denominations of coins, 5c, 10c, 20c and 50c, were issued from 1976 to 1978, but the 1978 issue was a proof only issue. There was also a silver $30 coin and a gold $100 coin, struck only in proof.
|Value||Technical parameters||Description||Date of first minting|
|5c||16.5 mm||Aluminium||Plain||Leonard Casley||Coat of arms||1976|
|$30||38.1 mm||999‰ silver||Reeded|
|$100||25 mm||24 carat gold||Plain|
|For table standards, see the coin specification table.|
Silver Jubilee $1 coin
In 1977, $1 coins were struck to commemorate the Silver Jubilee of Elizabeth II. These coins are known as "holey dollars". Coins of the same design were struck again in 1978, without the inscription "Queen's Jubilee".
Most coins of later series have specific commemorative topics and are usually made of precious metal. The issuance of coins went on until 1995, and resumed in 2000 with the issue of 25 $100 gold coins to commemorate the 30th anniversary of secession. The minting of coins recommenced in 2007 with 1000 $30 coins in .999 fine gold-plated brass to celebrate the 60th wedding anniversary of Leonard and Shirley Casley, a $5 nickel-plated zinc alloy "Lest We Forget" coin, and a set depicting the armorial bearings of Casley and his four sons, a $10 coin for Casley and $5 coins for his sons all minted in nickel-plated, zinc alloy. The "Lest We Forget" coin was reissued in 2009. In 2010, the Principality issued a $30 gold- and silver-plated brass coin to mark the 40th anniversary of independence. Following the death of his wife in 2013, Casley authorised a special commemorative coin to celebrate her life.
In the 1970s, Kevin Gale was hired to manage the marketing of Principality coins and stamps. In 1995 Gale died and it was found that in addition to promoting Principality coins and stamps, he had registered "Hutt River Province" as the name of a Queensland company of which he was sole owner and from which no profits were forwarded to the Principality.
From 1984 to 1989, Johnson Matthey Refining, Rochester, New York, a manufacturer of precious metal products, manufactured limited numbers of commemorative coins for Mel Wacks, who had been appointed exclusive American distributor by Leonard Casley.
In 1989, production was transferred to the Continental Coin Company (in California). From 1989 to 1995, the mint produced various themed commemorative Hutt River Province coins which were sold on the US market. Although the total number of coins minted is unknown, it is known that 10,000 $20 coins were minted in 1991 to mark the 50th anniversary of the attack on Pearl Harbor. Up to 200 different commemorative coins in three denominations each ($5, $10 and $20) are believed to have been minted to commemorate Desert Storm, World War II, The Fathers of Baseball, etc. Prince Leonard authorised all these coins and received samples as well as royalties. All of these Principality coins are contained in the standard catalogue of Unusual World Coins by Colin Bruce II, edited by Tom Michael and George Cuhaj. A $100 denomination proof commemorative coin issue that contained 1 troy ounce of pure palladium sold for $299 in 1989, the 2012 value of the palladium content was $630.
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- Sarah Taillier (1 February 2017). "Prince Leonard of Hutt River Principality abdicates to son Graeme". abc.net.au. - ABC News (Australian Broadcasting Corporation).
- "Australian micronation 'prince' abdicates after 46 years". BBC News. 15 February 2017. Retrieved 20 September 2017.
- Sarah Taillier; Sebastian Neuweiler (11 February 2017). "Hutt River Principality now ruled by Prince Graeme as Prince Leonard stands aside". ABC News. Retrieved 20 September 2017.
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- Hutt River Province ninemsn Getaway 14 October 2004
- It is a Royal Prerogative to recognise a new foreign Government. Under the Principle of Law, when it is under consideration to give such recognition it is specified that the validity of the claim is not relevant; it is the right of the Government to speak for the people it represents that is to be considered. Laws on Royal Prerogative state that no court may inquire into the whys and wherefores of any Royal Prerogative exercised. Precedent cases have ruled that if any recognition is given by a person authorised to do the business of the day who should otherwise have obtained some other authority for the recognition, having failed to do so does not invalidate the recognition so given. The Limitations Act also states that once any recognition is given to a person entitled, then the Statute runs from that fact.
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- Casley v Commonwealth  WASC 3, Supreme Court (WA, Australia).
- Casley v Knowles  WASC 82, Supreme Court (WA, Australia).
- Richards v Casley  WASC 42, Supreme Court (WA, Australia).
- Publication Printers Pty Ltd v Casley  WASC 320 (21 September 1984), Supreme Court (WA, Australia)
- Casley v Commissioner of Taxation  HCATrans 590 (4 October 2007).
- Micronation renaming Archived 7 May 2011 at the Wayback Machine.
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took the title 'Prince', his wife became Princess Shirley, and together they turned their principality into a tourist destination.
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- Deputy Commissioner of Taxation v Casley  WASC 161, Supreme Court (WA, Australia).
- "'Micronation' loses Australian tax battle". 16 June 2017 – via www.bbc.com.
- Casley v Deputy Commissioner of Taxation  WASCA 1961, Court of Appeal (WA, Australia).
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- "Exhibitions: Eternity – Separation". NMA Homepage. National Museum of Australia. Retrieved 13 May 2007.
In a further application of bush law he changed the province to a principality and declared himself Prince Leonard and his wife Princess Shirley. He had successfully seceded from Australia.
- "Hutt River's 'princess' Shirley Casley dies aged 85". theaustralian.com.au. 10 July 2013. Retrieved 10 July 2013.
- Yolanda Zaw (10 July 2013). "Tributes for Hutt River matriarch". The West Australian. Au.news.yahoo.com. Retrieved 30 April 2014.
- "Hutt River principality princess dies peacefully". ABC News (Australian Broadcasting Corporation). 9 July 2013. Retrieved 30 April 2014.
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- Rogers, Kerry. "The Coins of HRH Prince Leonard I" (PDF). Australian Coin and Banknote Magazine. Retrieved 10 February 2014.
- Ed Rochette One-man nation strikes again Chicago Sun-Times 19 November 1989 HighBeam Research accessed 14 June 2012
- Palladium prices Live Palladium prices in AUD per ounce.
- "Mini-states Down Under are sure they can secede" by Nick Squires, The Daily Telegraph, 24 February 2005
- "If at first you don't secede…" by Mark Dapin, The Sydney Morning Herald, 12 February 2005, pp. 47–50
- "Unusual World Coins", by Colin R. Bruce, Krause Publications, 2005, ISBN 0-87349-793-7, p. 240
- This 46-year-old Australian micronation has finally been recognised by Buckingham Palace