Principality of Hutt River

Leonard Casley bust

Leonard Casley (28 August 1925 – 13 February 2019)[15] 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.[16] 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).[17] 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.[16]

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 claimed 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 claimed 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 said that he nonetheless remained loyal to Queen Elizabeth II.[7][18][19] From this time on Casley asserted that the Principality had successfully seceded from Australia.

At about this time, Prince Leonard claimed 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 claimed that this constitutes legally binding recognition of the principality.[18]

At about this time, Leonard 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.[7] No government or legal scholar has ever accepted this legal theory of Prince Leonard's.

Prince Leonard said that he continued to sell his wheat in open defiance of the quota.[20] Casley believed 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.[21]

Principality of Hutt River

On 15 February 1977, despite Prince Leonard's claims to sovereignty, he was successfully prosecuted for failing to comply with requirements to furnish the Australian Taxation Office (ATO) with required documents.[22]

On 2 December 1977 the principality declared war on Australia. Prince Leonard notified authorities of the cessation of hostilities several days later.[21] 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 whereby the Prince'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.[16] 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, Prince Leonard 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.[23] Casley did not suggest his land was not subject to Australian law in this appeal.

In 1970 and 1984, Prince Leonard 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; 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. Prince Leonard did not suggest in these cases that he was not subject to the jurisdiction of the courts of Australia.[24][25]

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.[20][26]

In about 2006, the Prince 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".[27]

In September 2006, Prince Leonard decided to change the province's name to "Principality of Hutt River".[28]

In January 2017, The Prince announced that, after ruling for 45 years, he would be stepping down as prince, to be succeeded by his youngest son, Graeme. With a number of potential sons and daughters, the successor was nominated by Casley and approved by a crown committee. Some commentary at the time had expected his older son, Ian, to be the successor.[8][29][30]

In June 2017, Prince Leonard was ordered by the Supreme Court of Western Australia to pay $2.7 million unpaid tax, and Arthur Casley was ordered to pay $242,000 unpaid tax.[31]

In December 2019, citing declining revenue from agriculture as well as a drop in tourist numbers, the Principality issued a media release to announce that it would be closing its borders with effect from 31 January 2020. The Principality would no longer accept visitors, would cease to issue entry and exit visas, and would stand down most government services and offices for the duration of the hiatus. The announcement included the following statement: "It is with a heavy heart and after much thought and consultation with my Cabinet and ADC that I have to inform all that the Government of the Principality of Hutt River is about to go on hiatus. Our borders will be closed to all (including tourists) and all government external services will cease at close of business Friday 31 January 2020 until further notice."[32]

On 3 August 2020 the Principality was formally dissolved, amidst financial market impact of the COVID-19 pandemic[33] along with disputes with the Australian Taxation Office demanding the Principality pay millions in unpaid taxes across its 50-year history. The Principality's owned land will be sold off to settle the tax dispute.[14][34]

The Principality had 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 relating to his son Leonard's failure to file tax returns. Leonard argued that he resided in the "Hutt River Province" and that it is not part of Australia and not subject to Australian taxation law. The court dismissed Casley's application and found that his arguments were "fatuous, frivolous, and vexatious."[27]

The Australian government unequivocally stated on its website that it did not recognise the secession of the principality.[35][36] Passports issued by the principality were not recognised by the Australian government.[36] Leonard made unverified claims that they have been accepted on some occasions by some unspecified foreign countries,[37] but there was a documented instance of a man being arrested in Germany for attempting to use a Hutt River Province "diplomatic passport".[38]

Prince Leonard claimed that the ATO sent him a tax demand in 2012 to which he simply responded with a document stating that he was a "foreign national and non-resident of Australia".[20] He also repeatedly claimed that he was classed by the ATO as a "non-resident of Australia for income tax purposes" and did not pay tax.[20][39][40][41][42] In 2017, however, Justice Le Miere of the Supreme Court of Western Australia ordered Leonard 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 that their argument of sovereignty "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."[43][44] An appeal to the Court of Appeal was dismissed.[45]

Despite this, the Principality continued to argue that it was an independent entity within the Australian legal system.[18][21] The principality tried repeatedly to use a document purporting to be a letter from the Commonwealth Department of Territories admitting that the principality was a "legal entity".[38][46] The Australian government noted that Casley "has used the document in various countries in the past and even sent a copy of it to Senator Evans in 1993".[47] The Australian Government also told foreign governments, "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."[38]

The Principality claimed that all social security benefits were withdrawn from Hutt River's residents at the time of secession by the Australian government. It further claimed that residents did not receive pensions, medical benefits, educational allowances, child endowments, or benefits normally paid to war veterans. Voting is compulsory by law in Australia, but Casley claimed to have successfully removed the names of Hutt River residents from the Australian electoral roll.[20] Casley admitted that he made annual payments to the Shire of Northampton, the local government authority, although he chose to characterise these payments as "gifts" rather than council rates.[48] The principality said that it levied its own income tax of 0.5 per cent on financial transactions by foreign companies registered in the province and personal accounts.

There were some occasions where organisations stated that the province had some sort of sovereignty:

• The National Museum of Australia contained an exhibition on the theme of "Separation" within Australia which included a Hutt River Province display which stated that Casley "successfully seceded from Australia".[49]

• Judy Lattas, a sociologist at Macquarie University, once stated that "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.[48]

• In 2005, the Shire of Northampton listed the principality as having "high historic and social significance as the site of Australia's only independent principality."[50]

The principality appears on Google Maps, but only as a "tourist attraction".[51] In 2010, Brendon Grylls, 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."[52]

The Principality was situated 517 km (321 mi) north of Perth, along the Hutt River. It was about 75.9 square kilometres (29.3 sq mi; 18,800 acres) in size. Exports included wildflowers, stamps and coins and agricultural produce which is also exported overseas. Tourism was also important to the economy with 40,000 tourists, predominantly from overseas countries, visiting the principality every year.[20][37][52]

Border gate of Hutt River

While the Principality had only 23 residents, it claimed a worldwide citizenry of 14,000.[59] The Principality had no standing army, but a number of its citizens were awarded military commissions. Honorary guardsmen attended Casley on formal occasions and, despite being completely landlocked, naval commissions were conferred on supporters of the principality.

After 2 September 2004, Hutt River Province/Principality 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 were authorised to act as a registered agent for PHR incorporations.[60] On 29 March 2005 the Hutt River Province International Business Company announced it would accept registrations of company trusts which have since been promoted worldwide by registered financial agents.[61] 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".[62] Hutt River also allowed car registrations, including issuing licence plates to overseas vehicles.

The principality's capital, Nain, was named after Nain in Galilee. The chapel contains numerous paintings of early Galilee and surrounds.

When the Principality 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.[63] Although he and the cabinet never officially adopted the proposal, there was a decree stating that any constitution would be in effect while under consideration, except for any clauses that conflict with the bill of rights, so the proposal essentially became a provisional constitution.[60]

Obverse of a 50-cent coin depicting Casley

"His Royal Highness Prince Leonard I of Hutt" was the style used by Casley from the creation of the Principality until his death. Casley 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, although he left school at 14, and described himself as a mathematician and physicist; he also claimed to have written articles for NASA.[37] He was an adherent of hermeticism, a subject on which he privately published a number of research papers and books.[52] He is the subject of a permanent exhibit at the National Museum of Australia in Canberra.[64]

Casley was married to Shirley (née Butler) until her death on 7 July 2013,[65] when the Principality went into a period of mourning, closing some of its services.[66][67] She was styled as "Her Royal Highness Princess Shirley of Hutt, Dame of the Rose of Sharon", and she played host to dignitaries and diplomatic representatives visiting the Principality each year,[48] as well as receiving television crews and magazine journalists. She was the patroness and chair of the board of directors of the Red Cross of Hutt, a parallel organisation to the International Red Cross.[68]

Princes of Hutt River

Hutt River had two sovereign princes over its 50 year existence, Leonard Casley, Prince Leonard, and Graeme Casley, Prince Graeme, its last. Both Princes abdicated.

Portrait	Prince	Reign Start	Reign End	Duration
	Leonard I	21 April 1970	11 February 2017	46 years, 9 months and 27 days
	Graeme I	11 February 2017	3 August 2020	3 years, 5 months and 23 days

The Principality's currency was the Hutt River Dollar, which was divided into 100 Cents. The Hutt River Dollar was pegged at a one-to-one ratio with the Australian Dollar.[26] All authorised Principality coins were minted by Canada's Lombardo Mint and the New Queensland Mint.

The Principality introduced a set of low denomination banknotes in 1974. These were denominated from 10 Cents to 2 Dollars. Principality coins were issued from 1976 to 2000, then from 2007 to 2018.

Silver Jubilee $1 coin

1986 100-dollar Hutt River Province coin commemorating the centennial of the Statue of Liberty (front and back) manufactured by Johnson Matthey Refining, Rochester, New York

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".[26]

Commemorative coins

A 1991 20-dollar coin was part of a series commemorating Operation Desert Storm

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.[69][70]

• List of proposed states of Australia
• Secessionism in Western Australia

• Official website
• "Eternity" exhibition, National Museum of Australia
• "Prince Leonard", ABC TV transcript, 2003
• Cabinet Magazine article on Hutt River Principality