Have you been having a problem with your local Council imposing unwarranted Rates on your property?
Councils around Australia have been spending more than the income they can legally collect under the Local Authorities Act 1901. As a result, they have resorted to unlawful tax collection, using the Local Government 2009 Act in Queensland – other states may be different; so do your research.
Shire Councils were originally constituted under the Local Authorities Act 1901 (reflecting the Federation of the States of Australia) as amended, and universally accepted as equitable and fair as provided by the Act. It was under this Act that Shire councils were lawfully able to levy Rates on property for providing certain services.
But ever since Bob Hawke illegally repealed Queen Victoria’s Letters Patent 1900 without a referendum, and then enacted the Australia Act 1986 without a referendum of the people, and only authorized by his printed name BOB HAWKE and with no Crown approval, councils have taken on powers over the people that they have no legal right to.
The First Local Government Act was enacted in 1993 and an attempt was made to make them legitimate by referendum but it was not successful. This was preceded by two other referendums in 1974 asking the people to give the Commonwealth powers to borrow money for, and to make financial assistance grants directly to, any local government body, and in 1988 asking the people to recognise local government in the Constitution. None of these referendums were successful. As a result, they denied councils any legitimacy as a 3rd tier of government. Councils have no power or authority in excess of those granted by the Local Authorities Act 1901 to Rates on property owned by members of the Commonwealth of Australia. This is why they are desperately trying to take away any property ownership rights by “digitizing” property Deeds.
Therefore, it is the right and duty of all members of the Commonwealth of Australia – that is any man or woman resident in Australia – to challenge in court any unfair charges imposed by a local or shire council.
Any magistrate or judge who rules in favour of a council charging rates in excess of the powers granted to them by the Local Authorities Act 1901 is committing a crime and may be charged, along with the council representatives perpetrating these crimes against the people.
Reminder: We do not take corporations or councils to court. We take the people who are attempting to break the laws. They are accountable to We the People, and those people can be held accountable in a court of law.
NOTE: All property owners are bound by the Local Authorities Act 1901 to pay a rates charge to the local council for any services rendered, such as garbage collection, sewerage, maintaining public parks, etc. If your Rates Demand is not itemised, you can ask the Council to supply an itemised Invoice so that you know exactly what you are being charged for. Make sure you read the Local Authorities Act so that you understand what a council can and cannot charge your for.
Download this template Statement of Claim, which is a lawful financial instrument that can be used when a Magistrate rules against you for contesting payment of excess Rates to Council.
Edit anything marked in purple italics with the relevant names or details.
Download and Edit this Template to challenge unlawful Council Rate Charges.
Your Statement of Claim (above) must be filed in court with a Claim form available from your State court website:
Use the Claim form that can be downloaded from the Court website in your State. This is for Queensland. Use this one as a guide to filling in the form. The Claim Form must accompany your Statement of Claim when filing with the Court.