by Robert J Lee in Cairns
Cairns Regional Council has joined in a vexatious claim against a retired police prosecutor, claiming unpaid rates from this resident of another shire.
David Walter resides at Herberton and is a ratepayer within the Tablelands Regional Council. His property is situated 140 klm from the CRC boundary.
Cairns News has researched the correspondence provided by Walter and it has become apparent the law firm Results Legal has not provided any documentation to Walter substantiating the alleged debt from CRC and several other Queensland councils.
Rhett Kipps of Results Legal has sent him threatening letters that most recipients would throw in the bin.
Cairns Mayor Bob Manning was recently mentioned in the media over his business dealings.
A Liberal Party sycophant Mayor Manning recently avoided bankruptcy after a failed business venture.
Cairns News sent the following letter to Mayor Manning on April 26 and to date has not received a reply:
Cr Bob Manning
Dear Mayor,
We have a copy of correspondence from a law firm that is pursuing a retired police officer from Herberton showing that CRC is a party to the action claiming $67,097 for rates payment.
After speaking to Mr Walter he assures us he has never owned property in CRC area and we ask what this amount represents and how it is owed to CRC.
Furthermore we have spoken to counsel for Mr Walter who assures us that CRC could be liable for making false representation to a law firm claiming rates not owed by Mr Walter.
We are advised the High Court will soon make a ruling on this matter and CRC could leave its ratepayers exposed to a substantial damages claim.
Could you please detail your council’s involvement in this spurious and seemingly vexatious matter.
Your early reply would be appreciated.
Cairns News
(a copy of the Results Legal letter warning Walter to vacate his property was attached to the CRC query above. Cairns News published this letter on April 22.)
This query was also sent to each CRC councillor but no replies have been forthcoming.
A legal representative for Walter, who asked not to be named, likened the claim by CRC to “…extortion, being vexatious and frivolous…. it has no lawful standing…”
Walter says he has never received any documentation from a council or the State Government relating to any unpaid court costs or unpaid rates.
“This claim from the Queensland Government is unprecedented in the State’s history and has no lawful basis,” Mr Walter said.
“If the claim that has no supporting accounts, invoices or correspondence relates to court appearances by litigants disputing rates bills, the State Government and the courts would know I have never been present in their courts at the time these litigants appeared.
“In fact they dislike me so much the Bar Association got a judge to make an order preventing me from entering any court in Queensland or I will get tossed into jail!”
Walter says the only way for the law to be restored in Australia is to petition for a Writ of Certiorari to be issued by High Court, then to be served on Her Majesty the Queen. He sent this Petition to the High Court on May 5, 2106.
A Petition to restore the Commonwealth Constitution of Australia
The Chief Justice
The High Court
Canberra
David John Walter, a shareholder in and of the Constitution to the High
Court. I, Petition, the High Court, in writing and signed personally and dated.
Issue – Writ of Certiorari to be issued by the High Court.
I, David John Walter, Petition, as a shareholder in and of the Constitution, to the High Court, as held to Chapter 111, of the Constitution, as held to Common Law of England Clauses 1-9, Sections 61,105,107,109,117,128 inter alia Section 80 Judiciary Act 1903, Royal Styles Titles Act 1953, and Statute of Westminster.
I, seek leave of the High Court, to immediately issue a Writ of Certiorari, served upon Her Majesty The Queen, Mrs. Elizabeth Mountbatten of the House of Windsor, Buckingham Palace, London England, the Current holder of the Crown of the Commonwealth of Australia.
Order Number 1-
As held to the Default Notice dated 12th February, 2013, signed dated by myself, upon Her Majesty The Queen – served by Registered Post on Her Majesty The Queen, Buckingham Palace London England, of which I hold the receipt I, Petition, Her Majesty The Queen, to effect immediately.
To re- instate – Constitution Act 1867(Qld) [31 Vic. No.38] as in force 5th April 1977.
Order 2.
As held to the Default Notice dated 12th February, 2013, signed dated by myself, upon Her Majesty The Queen – served by Registered Post on Her Majesty The Queen, Buckingham Palace London England, of which I hold the receipt, I Petition, Her Majesty The Queen, to effect immediately.
To re- instate – Commonwealth of Australia Constitution Act as Proclaimed and Gazetted ,Tuesday 1st January, 1901
Order. 3
The High Court, to registrar and sign and seal and serve the two attached Caveats immediately, upon The Prime Minster of Australia, Mr. Malcolm Turnbull, MP – Parliament House, Canberra, and notify myself and the Crown, as soon as served.
Order. 4
And further for the Chief Justice of the High Court, to notify Her Majesty the Queen, immediately of the signed dated, I, Petitioned –Writ of Certiorari, I have sought leave for order of the High Court to issue and serve.
Order. 5 – Costs
Order. 6- Further orders as requested and sought
of and by the High Court.
Order. 7 – This is a Constitution issue
Yours faithfully,
David Walter has asked for readers to sign and send this Sample Letter of support:
The Chief Justice of the High Court
Canberra
May , 2016
I, …………………………… am a subject of the Crown and I too have never voted in any referendum to create another Government within the Commonwealth. I have no shares in that Government, no equity in Australian dollars, therefore, I too petition for the Crown to immediately re-enact The Commonwealth of Australia Constitution 1900 and the Constitution of Queensland 1867, as requested by Mr Walter in his Petition for a Writ of Certiorari.
Signed…………..
Address……………
For immediate attention Chief Justice French. crogers@hcourt.gov.au
seems l,w.w.ellis, 33-35 clyde rd and 41-43 clyde rd ,babinda, am not the only one to be refused right of reply regarding a ridiculous water bill of 5000 dollars for a 2 bdr besser block house with 2 mature aged tennants. even though the plumbers sent by council to change the water meter declared to my tennants, this meter is shot.[sworn in writing.this declaration and a six page e.mail to local councillor and to c. pitt has resulted in no reply,merely the same 5000 bill. inhumane treatment?.the council also turned the water down to a trickle one tap at a time, no tap if you flush,on the very day they put the new meter in???thats nearly a year back and these people suffering all this time.other greivances of storm water down weaver close now running thru my property instead of the normal drain only adds to my misery.Incidently, the council has moved onto the property exactly on the other side of the street,with materials/depot and i wonder if they might just purchase my properties for a fair price, expand their rather limited operations involving heavy machinery[ which I opposed way back]and move on, but ,alas,it seems a fight for justice is unavoidable….Warren Ellis