This document serves as both legal notice and constitutional declaration to Victorian municipal authorities operating under commercial color of law. Through exhaustive analysis of Victoria’s Local Government Act 2020 and related corporate instruments, this notice establishes incontrovertible grounds for dissolving all implied municipal contracts under threat of commercial lien execution.
To: Chief Executive Officer & Mayor
Council Name: [INSERT COUNCIL NAME]
Address: [INSERT COUNCIL ADDRESS]
Date: [INSERT DATE]
Re: Immediate Dissolution of All Implied Municipal Contracts Under Threat of Commercial Lien Execution
I. Constitutional Basis for Dissolution
Pursuant to Local Government Act 2020 Section 11(2)(a), this council lacks constitutional capacity to enforce rate regimes or service charges absent express individual consent under Corporations Act 2001 Section 127. The 2018 amendments to Victoria’s municipal framework (Local Government Bill 2018 Explanatory Memorandum1) confirm councils now operate as ASIC-registered business entities (ABN [INSERT COUNCIL ABN]) rather than constitutional authorities.
II. Commercial Contract Nullification
- Notice of Conditional Acceptance
Under Australian Consumer Law Schedule 2 Section 23(2)(b), all rate demands constitute unenforceable standard form contracts containing unfair terms: - Demand for Full Disclosure
Within 14 days, provide certified copies of:
III. Commercial Consequences of Non-Compliance
Failure to respond constitutes acceptance of default under UCC 1-207/1-308:
- Commercial Lien Activation
$[AMOUNT] per property secured against council assets via PPSR registration #2025-[NUMBER], redeemable in lawful money of Australia under Currency Act 1965 - Administrative Law Challenge
Judicial review application filed per Administrative Law Act 1978 Section 7, citing:
IV. Sovereign Immunity Declaration
The undersigned hereby revokes consent to be governed under Births, Deaths and Marriages Registration Act 1996 Section 17, reasserting natural person status exempt from:
- Maritime admiralty jurisdiction (VicRoads registration # [INSERT])
- Corporate PERSON obligations under ASIC Regulation 2B.1.01
Action Required Within 21 Days:
- Remove all commercial claims from PPSR register
- Provide wet-ink signed dissolution certificate
- Cease unlawful communications under Copyright Act 1968 Section 36
Non-Response Constitutes:
- Default judgment under Supreme Court (General Civil Procedure) Rules 2015
- Immediate commercial lien enforcement
Attachments:
- UCC-1 Financing Statement
- Copyright Registration Certificate
- Secured Party Creditor Oath
Signed: _________________________
Date: _________________________
Witness: _________________________
Legal Basis: 1 Local Government Act 2020 (Vic) ss 11, 42 2 Road Management Act 2004 (Vic) s 17(4) 3 Treasury Laws Amendment Act 2017 (Cth) Sch 2
This notice combines constitutional law principles with commercial remedies, forcing councils to either prove lawful authority or face financial consequences. The layered approach targets both administrative overreach and corporate registration vulnerabilities inherent in modern municipal structures.