Councils currently challenged

The following Councils have been challenged, asked to provide evidence they have a lawful claim.

It could be so simple. If any Council had a lawful claim over your property, all they’d have to do is publish that evidence on their websites and save everyone a lot of time. They don’t provide the evidence because they have no lawful claim. If it is not in the execution of the King’s business, then they have, literally, no business in your property. Quo Warranto.

Council ABN State/Territory Response No.*
Date challenged
Byron Shire Council 14 472 131 473 NSW D 1 17/04/2023
Canterbury-Bankstown Council 45 985 891 846 NSW B,D 2 31/08/2023, 27/09/23
CITY OF PARRAMATTA COUNCIL 49 907 174 773 NSW A,B,C,D 2 06/08/2021, 03/04/2024
COFFS HARBOUR CITY COUNCIL 79 126 214 487 NSW D 1 30/04/2023
KEMPSEY SHIRE COUNCIL 70 705 618 663 NSW C 1 24/04/2023
KYOGLE COUNCIL 15 726 771 237 NSW C 1 12/09/2022
MID-COAST COUNCIL 44 961 208 161 NSW D 1 15/11/2023
PORT STEPHENS COUNCIL 16 744 377 876 NSW D 1 5/1/2023
Richmond Valley Council 54 145 907 009 NSW D 2  22/03/2023, 20/07/2023
SHOALHAVEN CITY COUNCIL 59 855 182 344 NSW D 1 03/04/2024
TAMWORTH REGIONAL COUNCIL 52 631 074 450 NSW A,D 1 25/07/2021
Tweed Shire Council 90 178 732 496 NSW D 1 20/03/3023






Bundaberg Regional Council 72 427 835 198 QLD C 1 03/04/2024
COUNCIL OF THE CITY OF GOLD COAST 84 858 548 460 QLD B, C, D 3 20/10/2022, 30/07/2023, 16/02/2023
ISAAC REGIONAL COUNCIL 39 274 142 600 QLD B 1 13/07/2021
MAREEBA SHIRE COUNCIL 39 114 383 874 QLD A,B,C 1 15/12/2023
Moreton Bay Regional Council 92 967 232 136 QLD C, D 2 10/10/2022, 23/02/2023
South Burnett Regional Council 89 972 463 351 QLD B 1 15/01/2024
Toowoomba Regional Council 99 788 305 360 QLD B, C 3 15/07/2021, 15/08/2023, 02/04/2024
Townsville City Council 44 741 992 072 QLD B 1 17/02/2023






Adelaide Plains Council 58 384 968 672 SA D 1 14/08/2023
ALEXANDRINA COUNCIL 20 785 405 351 SA A,B,C 1 01/03/2023
City of Playford 99 397 793 662 SA C 1 01/04/2024











Glamorgan Spring Bay Council 95 641 533 778 TAS D 1 26/10/2022
KENTISH COUNCIL 31 828 311 570 TAS A,D 1 31/08/2022






CAMPASPE SHIRE COUNCIL 23 604 881 620 VIC A 1 27/06/2023
CENTRAL GOLDFIELDS SHIRE COUNCIL 82 120 379 784 VIC D 1 11/06/2023
CITY OF DAREBIN 75 815 980 522 VIC B 1 11/04/2023
East Gippsland Shire Council 81 957 967 765 VIC A,B 1 14 /06/2023
Hobsons Bay City Council 24 936 107 898 VIC B 1 06/05/2023
HUME CITY COUNCIL 14 854 354 856 VIC A,B,C 1 09/12/2022
Macedon Ranges Shire Council 42 686 389 537 VIC A,B,C,D 2 01/10/2021, 22/02/2023
MANNINGHAM COUNCIL 61 498 471 081 VIC B 1 24/05/2020
Mansfield Shire Council 74 566 834 923 VIC D 1 12/04/2023
Mildura Rural City Council 42 498 937 037 VIC A, B,C 2 30/09/2022, 22/06/2023
Surf Coast Shire 18 078 461 409 VIC D 1 21/01/2023
YARRA RANGES SHIRE COUNCIL 21 973 226 012 VIC A, D 2 20/10/2022, 20/01/2023






CITY OF ARMADALE 79 863 269 538 WA A,D 1 17/03/2023
CITY OF BUNBURY 61 002 948 455 WA A 1 15/02/2023
CITY OF MANDURAH 43 188 356 365 WA 1 14/02/2023
CITY OF SWAN 21 086 180 442 WA A 1 24/02/2023
CITY OF WANNEROO 64 295 981 165 WA A 1 30/09/2023
Shire of Augusta-Margaret River 13 643 296 019 WA D 1 07/08/2023
SHIRE OF BOYUP BROOK 95 583 688 034 WA D 3 10/10/2022
SHIRE OF BRIDGETOWN GREENBUSHES 33 987 205 639 WA D 1 04/05/2023
SHIRE OF KATANNING 37 965 647 680 WA D 1 21/02/2023
Count 59

*No. = number of owners/cases in that Shire who have challenged. Each one is a different owner. ie 3 = 3 different property owners.

The burden of proof (Latin: onus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat) is the obligation on a party in a dispute to provide sufficient warrant for its position.

If you have challenged your Council, please add the details to the form below. No sign-in required. Email address is voluntary – if you’d like to be contacted should new information be available that may help all Challenges.

Add the business name as listed on the ABN lookup, with their ABN, of any council YOU have challenged by email, letter or formal Notices (regardless of which Notices, from this website or otherwise, ANY method of questioning), questioned to provide evidence of lawful claim. The information will be published above as it is collated. We hope to use this information on any case that eventually makes it to any court.

Find your Council’s business name and ABN at https://abr.business.gov.au/

From The Annotated Constitution of the Commonwealth of Australia (Quick and Garran). Page 795:
“1. Every power alleged to be vested in the National government, or any organ thereof, must be affirmatively shown to have been granted. There is no presumption in favour of the existence of a power; on the contrary; the burden of proof lies on those who assert its existence, to point out something in the Constitution which, either expressly or by necessary implication, confers it. Just as an agent, claiming to act on behalf of his principal, must make out by positive evidence that his principal gave him the authority he relies on; so Congress, or those who rely on one of its statutes, are bound to show that the people have authorized the legislature to pass the statute. The search for the power will be conducted in a spirit of strict exactitude, and if there be found in the Constitution nothing which directly or impliedly conveys it, then whatever the executive or legislature of the National government, or both of them together, may have done in the persuasion of its existence, must be deemed null and void, like the act of any other unauthorized agent.”

See online Constitution

Quo Warranto

From Black’s Law Dictionary 2nd edition online.

“In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty; to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse. 3 Bl. Comm. 262. In England, and quite generally throughout the United States, this writ has given place to an “Information in the nature of a quo warranto,” which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a corporate or other franchise, or to a public or corporate office.”

#QuoWarranto #LexMercatoria

SUPREME COURT ACT 1970 – SECT 70

http://classic.austlii.edu.au/au/legis/nsw/consol_act/sca1970183/s70.html
Ouster of office
70 Ouster of office
Where any person acts in an office in which the person is not entitled to act and an information in the nature of quo warranto would, but for section 12, lie against the person, the Court may grant an injunction restraining the person from so acting and may (if the case so requires) declare the office to be vacant.

 

JUDICIARY ACT 1903 – SECT 33

http://www5.austlii.edu.au/au/legis/cth/consol_act/ja1903112/s33.html
Mandamus Prohibition Ouster of office

(1)  The High Court may make orders or direct the issue of writs:

(a)  commanding the performance by any court invested with federal jurisdiction, of any duty relating to the exercise of its federal jurisdiction; or

(b)  requiring any court to abstain from the exercise of any federal jurisdiction which it does not possess; or

(c)  commanding the performance of any duty by any person holding office under the Commonwealth; or

(d)  removing from office any person wrongfully claiming to hold any office under the Commonwealth; or

(e)  of mandamus; or

(f)  of habeas corpus .

(2)  This section shall not be taken to limit by implication the power of the High Court to make any order or direct the issue of any writ.

 

Please enable JavaScript in your browser to complete this form.
Exactly as it appears on the ABN lookup
From ABN Lookup
Did they respond?
DD/MM/YYYY
If you'd like to be notified when developments arise that may benefit your position re Council challenge.