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 | |||||
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| 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 | |||||
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| 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 | |||||
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| 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 | |||||
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| 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 | |||||
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| 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.”
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