A SAMPLE DOCUMENT:
Ref: EKRVCC-1CF
9 February 2012
NOTICE TO AGENT IS NOTICE TO PRINCIPAL. NOTICE TO PRINCIPAL IS NOTICE TO AGENT
To: Neil Charge
Revenue Team Leader
Camden Council
RE: Assessment number xxxxxx
I am in receipt of your letter dated 25 January 2013 being a letter forwarded in response to my notice to council dated 16 January 2013.
I have noted you write “reference is made to your 2 letters dated 16 January”. Please note the correspondence forwarded to Camden Council were not letters but a “Notice” requiring your attention”.
For your Information: Legal definitions of:
Notice:
1. A state of awareness of fact or thing, as required by law or contract.
2. A communication seeking to make its recipient aware of a fact or thing, as required by law or contract.
Letter: 1. A written or printed symbol employed to represent a speech sound or sounds; character in an alphabet: in some languages, as English, some words contain letters that are no longer sounded
2. A written or printed message to a person or group, usually sent by mail in an envelope
Thank you for the abundant information included in your letter. However, no response has been provided to the amount of offer to contract and the information requested in the notice dated 16 January 2013 has not been addressed. It was requested Camden Council forward evidence of the existence of a contract between E & K Rafailidis and Camden Council with a signature clearly marked by both E Rafailidis and K Rafailidis. As Camden Council has failed to
provide evidence such a contract(s) exists, it is fair to conclude NO CONTRACT EXISTS.
Your letter dated 25 January 2013 does not lawfully reject or accept the offer by E & K Rafailidis to contract with Camden Council for the provision of services, however, in consideration of the content of your letter and the material attached, it is concluded the offer was rejected. Therefore, no legal contract exists between the parties.
I will now take the opportunity to provide you, Camden Council, and Neil Charge, an agent for Camden Council, some further information on valid legislation:
Commonwealth of Australia Constitution Act
An Act to constitute the Commonwealth of Australia. [9th July 1900]
5. This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queens ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.The Constitution is the “the first law of the land” and supersedes all other Acts, Laws, and by laws. 2
Sections 106, 107 and 108 of the Constitution allows for the continuance of government of each State in accordance with the provisions of The Constitution.
Nowhere in The Constitution is there provision for the continuance of Local Government.
Section 128 of The Constitution provides the mode in which The Constitution can be altered, being by way of Referendum and there is no provision other than referendum that lawfully permits any alteration to The Constitution.
FACT: A referendum was held in 1974 to alter The Constitution to provide for the continuance of local government and the majority vote was NO.
A referendum was again held in 1988 to alter the Constitution to provide for the establishment and continuance of local government and again the majority vote was NO.
NOTE: This factual information is available on the Australian Electoral Commission Website should you need
to verify.
http://www.aec.gov.au/Elections/referendums/Referendum_Dates_and_Results.htm
Section 109 of The Constitution provides: Where there is inconsistency of laws, Federal Law will prevail over State Law.
To put it simply, the Constitution is the source of all laws and the States are the stream. Justice Gleeson CJ in a unanimous decision of the High Court of Australia states “What the Constitution does not say may be as significant as what it says. On any view, it is a legal instrument written in the past that controls the exercise of power in the present and (subject to the possibility of amendment in accordance with its own terms) in the future”.
Singh v Commonwealth of Australia [2004] HCA43 (9 September 2004) Unless Camden Council or its agents can provide evidence in rebuttal of the above facts and demonstrate that there was a referendum of the people, Australia wide, approving a third tier of government being local government, at a date subsequent to 1988, the fact remains there is no lawful existence of local government and the references Camden Council make to the Local Government Act 1993 are NULL and VOID and of NO VALUE.Constitution Act 1902
5 General legislative powers
The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever:
Note: The Constitution of New South Wales must be subject to the Federal Constitution
Note: The Local Government Act 1993 is an Act of the State
Note: Section 109 of The Constitution: Inconsistency of laws.
Note: Twice the people of Australia said “NO” to the existence and continuance of local government, and NO MEANS NO
Unless Camden Council or its agents can provide evidence in rebuttal of the above facts, it is fair and reasonable to consider the provisions of the Local Government Act 1993 to be NULL and VOID and of NO VALUE unless consented to.
3The High Court of Australia has referred to laws created in excess of power as “pretend laws”.
South Australia v Commonwealth [1942] HCA14; (1942) 65CLR 373 (23 July 1942)
Chief Justice Latham
“ A pretended law made in excess of power is not and never has been a law at all. Anybody in the country is entitled to disregard it. If it is beyond power it is invalid ab initio.
TAKE NOTE:
Efrem and Koula Rafailidis do not consent to being subjected to statutes that have been created in “excess of power” and against the “will of the people”.
Camden Council ABN 31 117 341 764 is a corporation. This was agreed in the letter from Neil Charge, an agent for Camden Council, in the copies of the listing of Camden Municipal Council/The Council of Camden on the ABN Lookup website, forwarded with the letter dated 25 January 2013. The entity type description lists Camden Council as a Local Government Entity. The points Efrem and Koula Rafailidis would like to make in regards to the above are:
PLEASE NOTE:
There is a disclaimer attached to ABN Lookup listing which reads:
“This extract is based on information supplied by businesses to the Registrar of the Australian Business Registry.
Neither the Registry nor the Australian Government guarantee this information is accurate, up to date or complete.
You should consider verifying this information from other sources”.
Efrem and Koula Rafailidis have suffered financially and psychologically in the past as a result of deceptive conduct from agents of Camden Council. Efrem and Koula Rafailidis have taken note of the disclaimer and are justified in considering the information provided by Camden Council to the ABN Registrar may be false.
Despite the above, in consideration of the following;
ABN = Australian Business Number
Definition: business n. any activity or enterprise entered into for profit.
Efrem and Koula Rafailidis do not accept Camden Council to be a legitimate government entity. The position of a legitimate government is to govern, not to trade for profit.
In your letter dated 25 January 2013, Camden Council provided “pretend laws” which suggest Camden Council “may” “sell any land (including vacant land) on which any rate or charge has remained unpaid for more than 5 years from the date on which it became payable”.
BE INFORMED:
Efrem Rafailidis and Koula Rafailidis hold the property in Fee simple. An estate held in fee simple is “for all practical purposes, the equivalent of full ownership of the land” and confers “the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination”. Justice Gleeson CJ
New South Wales Consolidated Acts
IMPERIAL ACTS APPLICATION ACT 1969 - SECT 364
36 Alienation of fee simple
Land held of the Crown in fee simple may be assured in fee simple without licence and without fine and the person taking under the assurance shall hold the land of the Crown in the same manner as the land was held before the assurance took effect
.
12 Charles II c 24-The Tenures Abolition Act 1660 -s 4.
37. All tenures created by the Crown upon any grant in fee simple made after the commencement of this Act shall be taken to be in free and common Socage without any incident of tenure for the benefit of the Crown.
Free and common Socage – No debts attached to the land, regardless of any law, statute or reservation to the contrary
The High Court of Australia (full bench) rulings in The Commonwealth of Australia v The State of New South Wales and Another [1923] HCA 34; 33 CLR1 (9 August 1923) and Fejo v The Northern Territory of Australia [1988] HCA 58 (10 September 1988), holds a property held in fee simple title is a contractual arrangement between the current owner and the previous owner of that property, and no fees, charges, rates (taxes), or permits can be levied or imposed by
any third party and this includes councils.
The High Court of Australia is the most supreme court of the land. Therefore, having Camden Council imply the property may be sold due to unpaid rates and charges can only be interpreted as an intimidation method, to extract monies from Efrem Rafailidis and Koula Rafailidis unlawfully.
Camden Council made an offer to contract with E & K Rafailidis for services (undisclosed). The offer was not lawfully accepted by either E Rafailidis or K Rafailidis. It was requested however that Camden Council provide evidence of the existence of a lawful contract between the parties so further consideration could be given to the matter of the “missed instalment” notice.
Camden Council failed to provide any evidence such a contract exists. As there is no lawful binding contract between the parties, if Camden Council tries to claim any so called “unpaid” rates, it will be an act of fraud, leading to the common law offence of abuse of a public office.
IMPERIAL LAWS OF ENGLAND
As Australia is still a nation of the Commonwealth, many imperial laws of England are still valid and in force and are binding on all nations of the Commonwealth. Many of these imperial laws have been enshrined in the Constitution of Australia. One of the most important Charters being The Magna Carta 1297. The Magna Carta has been described as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary
authority of the despot”. Lord Denning.
Magna Carta 1297 Clause 29 NO free man shall be taken or imprisoned, or dispossessed or outlawed or exiled or in any way ruined, nor will we go or send against him except by the
lawful judgement of his peers by the law of the land.
TAKE NOTICE:
Efrem Rafailidis and Koula Rafailidis being man and woman of flesh and blood do not consent to any judgement other than a judgement under common law jurisdiction and invoke their common law rights to due process.
E & K Rafailidis acknowledge Camden Council does provide essential services to the community, primarily waste collection, and we are willing to contract with Camden Council for the provision of those services to the said property.
5
NOTICE OF OFFER TO CONTRACT:
E & K Rafailidis are in a position to offer Camden Council $ xxxxxx for services which have and may be provided to the property located at. …………..
The amount of $ xxxxxx has been calculated as follows:
$ xxxxxx
$ xxxxxx
$ xxxxxx
E & K Rafailidis have given much consideration to the amount of offer and make this offer in good faith and without prejudice.
The calculations are based on information received from Sue Staks, Senior Revenue Officer employed by Camden Council, in an email dated 13 July 2012. A copy of the said email is attached. The said property is and has always operated as farmland.
The amount of $400.00 offered to Camden Council for the provision of services to the said property will be payment in total for period 1 July 2012 – 30 June 2013.
NOTE: This offer will be valid for 14 days from the date of this notice.
If no lawful notice of rejection is received (in accordance with law), within the specified time, the offer will be deemed to have been accepted and payment will be forwarded to Camden Council at the expiry of the 14 days. If the offer is rejected, then E & K Rafailidis claim that Camden Council (a corporation) has NO legal standing to harass or to intimidate E & K Rafailidis for either “unpaid rates” of for “interest on unpaid rates” in the future as there is no contract
between the parties.
A copy of this notice will be forwarded to all councillors as they are the ones responsible for all operations of the council as if they are “directors”.
SIGNED SIGNED
Efrem Rafailidis Koula Ra
