QLD Injunction

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jamez

Active Member
8 December 2020
6
0
31
Just want to know how to apply for an injunction to stop the illegal sale of my property by the Gold Coast City inc.
I'm relying on the corporations Act 2001 that states they must have a signed contract to be able to 1. Charge land tax and 2. Sell my property.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Okay:
1. The Council of the City of Gold Coast (their legal name) is not a corporation. It's a local government created pursuant to the Local Government Act 2009 - which is a Queensland Act. The Corporations Act is a Commonwealth Act. Local government is not a legislative power of the Commonwealth Parliament under the Australian Constitution - so it's a state matter.
2. Land tax is a state based taxation, levied by the Queensland Government. It has nothing to do with the Council. Land tax is imposed by the Land Tax Act 2010 on all taxable land (section 6).
3. If you actually means rates instead of land tax - rates are levied by Council pursuant to section 94 of the Local Government Act 2009. This says that each local government must levy general rates on all rateable land within the local government area (not discretionary).
4. Whether you mean land tax or rates, they're statutory charges - contract has nothing to do with it, signed or otherwise.
5. Council have the power to sell land for unpaid rates under Division 3 of the Local Government Regulation 2012.
6. Unpaid land tax is a first ranking charge on the property, and passes with ownership of the land.

What part of the Corporations Act do you propose to rely upon?
 

Jamez

Active Member
8 December 2020
6
0
31
A Commercial Contract, as required by the –
‘Corporations Act’, 2001 and the –
‘ASIC Act’, 2001, at sections 12CA ‘Unconscionable Conduct’ and,
Section 12DA, ‘Misleading and Deceptive Conduct’,
 

Jamez

Active Member
8 December 2020
6
0
31
Evidence must be produced that the City of Gold Coast (Inc.) can provide certified documents the entity is currently a Department of the State of Queensland (Inc.), and can provide the entity is a true ‘Local Government’, and The entity the City of Gold Coast (Inc.) operates under the Commonwealth Constitution Act, 1900 (Cth), the foundation law for the Commonwealth of Australia, as verified by the Australian Electoral Commission – National Referendum, held on the 6th November, 1999, in the overwhelming majority of Queenslanders and Australians in each and every Australian State, voted to defeat the Republic question, and reaffirmed the system of law remain under the Constitutional Monarchy, and any purported Authority of the entity known as the ‘City of Gold Coast’ (Inc.), comes under and relies and depends upon a Constitutional Act that has been ‘Royally Assented’ by ‘Her Majesty, Queen Elizabeth II, Her Heirs and Successors’.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
A Commercial Contract, as required by the ‘Corporations Act’, 2001
Where does the Corporations Act require a 'commercial contract' in this circumstance or any other? It's a huge act.

‘ASIC Act’, 2001, at sections 12CA ‘Unconscionable Conduct’ and, Section 12DA, ‘Misleading and Deceptive Conduct’,
The ASIC Act sections pertain to 'unconscionable conduct and consumer protection in relation to financial services'. Both sections 12CA and 12DA specifically relate to the provision of "financial services" (which is defined in section 12BAB and does not appear to relate to your circumstances).

Evidence must be produced that the City of Gold Coast (Inc.) can provide certified documents the entity is currently a Department of the State of Queensland (Inc.), and can provide the entity is a true ‘Local Government’, and The entity the City of Gold Coast (Inc.) operates under the Commonwealth Constitution Act, 1900 (Cth), the foundation law for the Commonwealth of Australia, as verified by the Australian Electoral Commission – National Referendum, held on the 6th November, 1999, in the overwhelming majority of Queenslanders and Australians in each and every Australian State, voted to defeat the Republic question, and reaffirmed the system of law remain under the Constitutional Monarchy, and any purported Authority of the entity known as the ‘City of Gold Coast’ (Inc.), comes under and relies and depends upon a Constitutional Act that has been ‘Royally Assented’ by ‘Her Majesty, Queen Elizabeth II, Her Heirs and Successors’.

- There's no '(Inc.)' to any of these. Queensland's local governments are statutorily-created perpetual bodies corporate specifically created under the Local Government Act. They are not a 'Department of the State of Queensland'. Queensland's state and local governments are very different animals. Per section 4 and Schedule 1 of the Local Government Regulation, the correct name is either 'Council of the City of Gold Coast' or 'Gold Coast City Council'. No Inc.
- The Corporations Act does not apply to local government entities. See for example: section 57A (meaning of corporation - which provides that a 'public authority' is not a corporation) and section 66A (a body corporate is an exempt body where it is not a company registered under the Corporations Act and it is incorporated by a state law). The Council was created pursuant to the Local Government Act (i.e. incorporated by a state law), and is a public authority.
- The State of Queensland is not a body corporate. The 'Queensland Government' was created by the Constitution Act 1867, following on from being a colony split off from New South Wales in 1859 by way of Letters Patent given by Queen Victoria.
- The comments about the Commonwealth Constitution are back to front. The Commonwealth was created after the states (clause 3 of the Constitution) - the Commonwealth Constitution was passed by Royal Assent on 9 July 1900. The creation of Queensland predates that by just over 40 years. Both Queensland and the Commonwealth of Australia were via the operation of the constitutional monarchy; both by Queen Victoria - who ruled from 1837 to 1901 (Queen Elizabeth II was born in 1926 and became Monarch in 1953).
- Local government is not a power ceded to the Commonwealth Parliament. Sections 107 and 108 of the Commonwealth Constitution specifically provide that every power of the states (unless exclusively vested or withdrawn) continues, every law in force continues, and the state has the power to alter or repeal. Since 'local government' is not a reserved power for the Commonwealth pursuant to section 51 it resides in the State of Queensland - hence the Local Government Act.

So, sorry to tell you but your whole premise here is wrong.
 

Warbler

Active Member
25 April 2019
11
0
31
Jamez you sound like you've been reading that Sovereign Citizen /Freeman of the land stuff. It's not going to get you anywhere.
 

Jamez

Active Member
8 December 2020
6
0
31
1. Gold Coast City is not a council
2. The entity has an abn
3. As defined by the ATO, they are most definitely a corporate entity that is a business
 

Jamez

Active Member
8 December 2020
6
0
31
Jamez you sound like you've been reading that Sovereign Citizen /Freeman of the land stuff. It's not going to get you anywhere.
I'm sorry warbler but a sovereign citizen is an oxymoron. You cannot be a citizen that is sovereign. Fyi I don't care much for what you think Ive been reading. The fact is what they have done is unlawful and will be held accountable
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
1. Gold Coast City is not a council
2. The entity has an abn
3. As defined by the ATO, they are most definitely a corporate entity that is a business
1. Yes it is. I literally pointed you to the legislative provisions that say it is an established council.
2. Yes it does. So what?
3. No.
Per subsection 5(1) of the A New Tax System (Australian Business Number) Act 1999:
This Act applies to a *government entity, a *non‑profit sub‑entity or a *superannuation fund as if it were an *entity *carrying on an *enterprise in *Australia.
So, not ‘is a business’, but ‘as if it were’. ABNs were given for the purposes of amenability. They didn’t magically make local governments businesses - even if they could override the Local Government Act (which they can’t).

Besides, you’d be asking the Courts to invalidate not only the powers of the executive pursuant to legislature, but also any other compulsory sales entered into. I would wager on that basis alone the Courts are not going to side with you because the potential cost to the public purse (i.e. the tax payers) would be a detrimental effect far outstripping the benefit you may obtain in succeeding - therefore warranting a decision in favour of the ‘public good’.

You would need so overwhelming an amount of credible evidence it would be staggering - not this pseudo legal argument that just because a Council has an ABN it must be a business and therefore.....