Sovereign Peoples Assembly of Western Australia

Approved? (Admin-only)
  • Approved
SOC NumberSOC-382389
Date Created16/11/2024
Claim TitleShire Council having No Lawful Authority – Crimes being Committed
Claimant(s) Name(s)

David-Michael
Angela

Email of Primary ClaimantEmail hidden; Javascript is required.
Defendant(s) Name(s)

Peter Klein, CEO of the SHIRE OF KATANNING

Julian Murphy, CEO of the SHIRE OF PLANTAGENET

Facts of the Dispute

1. Personation – the Fraud of Personage

Personation is a Fraud committed by impersonating another, or by falsely assuming a certain position of status, in order to obtain or gain benefit or advantage, namely diminishing the capacity of a man or woman to a fiction with no life, which is known as a “PERSON”. For the record, the Common-Law Courts have declared that any public official(s), facilitating a fraud, forcing the “legal-fiction- person” to act as surety, is recognised as unlawful, criminal conversion, a form of debt slavery or servitude and being a breach at International and Common-Law.

The “Defendants” have been notified that we the “Claimants” have claimed our Estates and have ceased acting as a Minor, reaching the Age of Majority to become Sovereign Over Self and have claimed the Right Occupancy of the Office of Steward/Executor/Executrix of our Estates and have stopped Acting as a Fiction (de-facto, without fact) and Live as a Real Man/Woman (de-jure, right).

The “Defendants” ignore these ‘Notices’ to obtain Financial Gain by Deception; by means of “PERSONAGE”; through the (legal fiction)-all CAPS-(Dog Latin)-NAME; to charge Unlawful Revenues, Penalties and Taxes (Rates), and threatening legal action to steal private property in order to recover the fraud based fictional unlawful claimed debts, in the aid of private, Corporate and Foreign Capitol Gain.

In Contract Law, a corporation cannot contract with a living being. Failure to differentiate between a Statute and Law is gross negligence (which is equivalent to fraud) and Statutory Legislation requires consent. Without consent a living being is not bound to statutes even if the “LEGAL FICTION NAME” is. We the living beings did not consent to being a “Ratepayer”, as we were tricked via the deception/fraud of Personage (“LEGAL FICTION NAME”). The “Defendants” letters and notices are addressed to Non-living deceased corporate estates (Legal Fiction Names). This “Personage” is designed to trick the living man/woman that this fictional name is self in order to make a claim over us.

2. Peonage – Forced Compliance to a Contract not Held

Peonage (also called Debt Slavery or Debt Servitude) is Criminal Subjugation where a man or woman has been substituted for a legal fiction, with no life. This is used to defraud and gain benefit, and to defraud a man or woman of their rights and property, unlawfully. By subjugating we the people to “PERSONS”, the “Defendants” have broken their fiduciary trustee duties and reduced us to status of slave (to make submissive into a debtor position) which is a breach of the Peonage Act 1867 and UCC Title 42 1994, (which was alleged to be the abolishment of debt slavery). See also Canonum De Ius Positivum Canons Of Positive Law Article 100; 2055, 2056 & 2057.

The “Birth Certificate” Surname was a name stamped onto a piece of paper to bring a living being into the fictitious world to exploit the living being and brand/enslave them. The “Defendants” have failed to provide evidence that the municipal corporation known as the “SHIRE OF KATANNING” [ABN 37 965 647 680] has proof that we are a “PERSON”, a “RATEPAYER”, a registered corporation or “RESIDENT” of a dwelling. This Forced Compliance to a Contract not Held is Criminal Subjugation/SlaveryPeonage.

3. Fraud – Impersonating a Commonwealth Official in an Unlawful Office

Fraud is a deception practised in order to induce another to give up possession of property or surrender a right (a piece of trickery; a trick, one that defrauds; a cheat). The “Defendants”, as employees of a corporation, do not sit in a lawful office, do not have lawful capacity as they are impersonating a Commonwealth Official, which is fraud. The “Defendants” failure to produce lawful response to the ‘Notice to Produce – Onus of Proof’, is evidence that they have no authority and are sitting in an unlawful office.

4. Treason and Misprision of Treason

Misprision of Treason is an offence found in many common law jurisdictions around the world, having been inherited from English law, and is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.

A Federal Referendum of the people is an explicitly binding Act on all Australian Parliaments, Governments and the Council of Australian Governments (after 2020, the National Cabinet). It is a fact at law that every Local Government Act is invalid as the result of 3 Referendums, therefore any/all Local Government Acts have no basis or authority under the laws of the land, fraud vitiates everything. Having never achieved third tier of Government in any given Referendum, the “SHIRE OF KATANNING” [ABN 37 965 647 680] and/or (COAG, National Cabinet) do not represent the people of the Commonwealth of Australia. In not listening to the voice of the people via Federal Referendums they enact treason upon themselves (Section 51(xx) & 128 Commonwealth of Australia Constitution Act 1901, the Fair Work Act 2009 (Cth) Section 35, the High Court of Australia [2015] HCA 11).

The “Australian Taxation Office” and the “Fair Work Act” class Local Governments and Councils as ABN Trading Companies. The “SHIRE OF KATANNING” [ABN 37 965 647 680] has an ABN and provides services for money, and is therefore a Trading Company. When the State or government enters into commercial business, it abandons its sovereign capacity and is to be treated like any other corporation.

The “Defendants” were provided evidence that these trading corporations masquerading as or purporting to be a “GOVERNMENT”, including but not limited to “UNITED STATES SECURITIES and EXCHANGE COMMISSION” registered corporate entity “COMMONWEALTH OF AUSTRALIA” [CIK0000805157, DUNS 829825376] and the “SHIRE OF KATANNING” [ABN 37 965 647 680] are private Corporate Entities and therefore not Government. Being aware of this, the “Defendants” continue to commit treason by Impersonating a Public Officer, which may be subject to fines and imprisonment (Criminal Code – 87).

The “AUSTRALIA ACT 1986”, “Local Government Act 1995” and the “Waste Avoidance and Resource Recovery Act 2007” were derived from legislation passed in the Unlawful Unconstitutional State Parliament, which is treason. The Parliament has no powers except for those given by us, the people of the Commonwealth of Australia. Section 116 ss 462.

As the “COMMONWEALTH OF AUSTRALIA” and the “SHIRE OF KATANNING” are treasonous United States Corporations, they are under “U.S. Codes”, Executive Orders and the “DEPARTMENT OF DEFENSE LAW OF WAR MANUAL”, therefore the “Defendants” can personally be fined, imprisoned or even sentenced to death (Executive Order 13818—Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption, 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law).

Although the “Defendants” have been notified of the treason being committed under the belligerent Australian Corporate Government (republic), they continue to commit the crimes of Treason and Misprision of Treason.

5. Harassment – Ignoring Irrevocable Estoppel

The “Defendants” acting as “Chief Executive Officer”, have failed to provide evidence, Quo Warranto, Proof of Claim or Lawful Authority of the “SHIRE OF KATANNING” [ABN 37 965 647 680] (the business), or their agents, and have created a permanent and irrevocable estoppel by acquiescence, forevermore barring the business or their agents, from bringing any and all claims, legal actions, orders, demands, lawsuits, costs, levies, penalties, damages, interests, liens and expenses whatsoever, against the living being, ‘David Michael’ of the house of “Barker”; or the “The Legal Fiction Name”, (“BIRTH CERTIFICATE name”) “DAVID MICHAEL, BARKER, Estate”; or the living being ‘Angela’ of the house “Marijanich”; or the “The Legal Fiction Name”; (“BIRTH CERTIFICATE name”), “ANGELA, MARIJANICH, Estate”.

This election to not challenge the “Notice to Produce – Onus of Proof” (request for Proof of Claim), with irrefutable proof is therefore to be taken that the “Defendants” have consented they have no lawful authority.

Despite this, the “Defendants” continue to unlawfully ignore the irrevocable estoppel and carry out the crime of Harassment (threatening the implementing of legal action against us the “Claimants”). Due to the “Defendants” failure to Cease and Desist Harassment, (which is an unlawful action); the “Defendants” are now subject to any punishments afforded by well-established law.

6. Coercion – Threat via Unlawful Contract

Councils assume living beings agree by not disagreeing, (Implied Consent). To stop implied consent we the “Claimants” withdrew our consent. The fictional entity doing business as the municipal corporation known as the “SHIRE OF KATANNING” [ABN 37 965 647 680] are lying to living beings and criminally trying to deceive living beings that if the living beings do not contract with them, “Consequences of Legal Action” will apply. It is our innerstanding that the “SHIRE OF KATANNING” [ABN 37 965 647 680] cannot force, living men or women to perform, without consent and compensation, void of a lawful obligation or mutually signed beneficial performance contract.

Any contract offered without complete and full-disclosure, without our freely-expressed consent, is fraudulent from the outset and therefore null and void. Corporations, agencies or offices have no lawful or legal authority over any man/woman without voluntary informed consent, and all and any legitimate government and its servants must stand under all ‘we the people’, public and private. In threatening “Legal Action”, the “Defendants” are carrying out Coercion against we the “Claimants”.

7. Terrorism – Funding Acts of Terrorism against ‘We the People’

The municipal corporation known as the “SHIRE OF KATANNING” [ABN 37 965 647 680] in coercing us to “Pay Rates/Tax” on our land is forcing ‘We the People’ to implicate us into ‘aiding’ and ‘abetting’ by funding acts of terrorism and/or illegal activities. We no longer consent to be governed, nor do we consent to funding domestic terrorism against the people of this land. The “Defendants” have broken their fiduciary trustee duties; and to try to force these things on unwilling men and women, is acting ‘ultra vires’, outside of the authority given. The “Defendants” are ‘aiding’ and ‘abetting’ the belligerent occupying Corporate Australian Government to fund acts of terrorism against ‘We the People’.

8. Non Disclosure – Claim not Verified

Companies require a written contract with full disclosure to do business with anyone. The “Defendants” have not provided a verified claim, where full, complete and not misleading disclosure has been given, as required for us to ascertain contractual obligations of expected services; a signed and dated contract by both parties as required in contract/commercial law. The “Defendants” failure to provide evidence of a lawful obligation or mutually signed, beneficial performance contract to give the authority, to take the action that they take, is their agreement that there is no contract.

When negotiating a contract, full disclosure is the act of providing all material information, or telling the “whole truth”, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. If either party fails to make full disclosure, the contract is Null and Void.

The contract claimed by the “SHIRE OF KATANNING” [ABN 37 965 647 680] is not valid and enforceable as the “Defendants” refuse to provide full disclosure and therefore the agreement was void from the outset and is the evidence of the fraud.

The ‘Statement “Affidavit” of Fact’ received by the Defendant, Mr Julian Murphy, stated the universal maxim of law, Notice to Agent is Notice to Principle and Notice to Principle is Notice to Agent, meaning all addressed parties Jointly and Severally as well as their Successors, Nominees, Agents and Assigns and therefore all “Defendants” have failed to provide full disclosure and verify a valid contract.

9. War Crimes – Demanding “Rates” to fund Genocide

We have been informed and made aware that it is a criminal offence to pay “tax” or “Rates” if any of it is used to fund aggressive war, genocide, murder or any criminal activity according to the following:

General Treaty for the Renunciation of War (Kellogg Briand Pact), 1945 UN Charter, Nuremberg War Crimes Tribunal 1946, Nuremberg Principles (Code), Genocide Convention, Geneva Conventions, Rome Statute of the International Criminal Court, Section 51 and 52 of the International Criminal Court Act 2001, Section 1, 2, and 3, The International Criminal Court [Scotland] Act 2001, Terrorism Act 2000 and, 1 Kent, Comm. 82, 1928, Rule of 1756.

Under the domestic and International laws of war, Australians are forbidden from taking part in war on the side of the aggressor and are legally/lawfully bound to disobey the orders of any Government that takes part in an illegal war or supports acts of genocide, crimes against humanity or war crimes.

The “Australian Prime Minister”, “Anthony Albanese”, Foreign Minister “Penny Wong”, Defence Minister “Richard Marles”, Home Affairs minister “Clare O’Neil”, government Services minister “Bill Shorten” and Liberal Opposition leader “Peter Dutton” have been referred to the ‘Hague – International Criminal Court’ and may be prosecuted for International War Crimes and Complicity to Genocide.

In this current situation, a “Tax Payer’s” or “Rate Payer’s” normal duty to pay “tax” or “rates” is reversed and becomes a duty to refuse to pay. The law states that “tax payers” and “tax collectors” can be arrested, tried and punished as war criminals alongside the civil, political and military leaders.

We the “Claimants” have declared peace and have invoked Article 25.3(f) of the Rome Statute and refuse to support nor cooperate in any way in becoming an accessory to War Crimes (this includes the payment of “Rates”). We seek to remain neutral during the ongoing conflict as a non-combatant, and cease trading with the enemy or be in company, as it is our intention to activate the get-out clause of Article 25.3(f) of the Rome Statute. The “Defendants” and the “SHIRE OF KATANNING” [ABN 37 965 647 680] are complicit in demanding funds to support International War Crimes and Genocide.

10. Extortion – Profiteering through Deception

Extortion is demanding property/money with Intent to Steal, Threat of Enforcement through Legal Action and Profiteering Through Deception. The “Defendants” by the very nature of their position are in breach of Commonwealth Law according to the Commonwealth of Australia Constitution Act 1900 (UK) s114. States may not raise forces, taxation of property of Commonwealth or State. A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

Local Government is a Body Corporate and Therefore Subject to the Federal Parliament, not the State. Under the Commonwealth of Australia Constitution ACT 1900, the Parliaments of the States do not have the power of taxation. There has been two referendums, in 1974 and 1988 with the proposal to change the Constitution to formally recognise local government. The proposal was twice rejected.

Therefore, Town and City Councils, masquerading as or purporting to be a “Government”, are subject to Federal Parliament. These Corporate Entities, use the authority of the corporate body known as “WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA)” [ABN: 28 126 945 127] to unlawfully and unconstitutionally charge Rates (which are a Tax), and the “Rates Notice” is an unlawful and unconstitutional fraudulent document, making it null and void.

All land belongs to the Commonwealth, “owners” pay fee simple for the right to use the land. Corporate “States” cannot sell Crown land, nor do they have any right to tax it. Every “Rate Notice” that has come from the “SHIRE OF KATANNING” [ABN 37 965 647 680] with a demand for money accompanied by a threat of penalty if not paid, is Extortion. The “Defendants” demand for unlawful “Rates” with threat of “Legal Action” is Extortion (Profiteering through Deception).

11. Bringing False Claims – Barratry

The crime of bringing false claims (Fraud, Identity Theft, Trespass). The “Defendants” continue to bring false claims against us the “Claimants”.

12. Conspiracy

Conspiracy is the action of plotting or conspiring a secret plan by a group to something unlawful or harmful. The “Defendants” conspire with the Corporate Trading Company “SHIRE OF KATANNING” [ABN 37 965 647 680] to ignore ‘lawful Notices’ and cause harm to us the “Claimants”.

Remedy Sought

1. Personation – the Fraud of Personage

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

2. Peonage – Forced Compliance to a Contract not Held

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

3. Fraud – Impersonating a Commonwealth Official in an Unlawful Office

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

4. Treason and Misprision of Treason

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

5. Harassment – Ignoring Irrevocable Estoppel

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

6. Coercion – Threat via Unlawful Contract

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

7. Terrorism – Funding Acts of Terrorism against ‘We the People’

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

8. Non Disclosure – Claim not Verified

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

9. War Crimes – Demanding “Rates” to fund Genocide

Rate

Amount

The sum-certain amount of One-million Australian Dollars

$1,000,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $1,000,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $1,000,000.00

10. Extortion – Profiteering through Deception

Rate

Amount

The sum-certain amount of One-million Australian Dollars

$1,000,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $1,000,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $1,000,000.00

11. Bringing False Claims – Barratry

Rate

Amount

The sum-certain amount of One-million Australian Dollars

$1,000,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $1,000,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $1,000,000.00

12. Conspiracy

Rate

Amount

The sum-certain amount of Two-hundred and Fifty-thousand Australian Dollars

$250,000.00

Participation by the Defendant, the living man known as “Julian Murphy”, CEO of the Shire of Plantaganet: $250,000.00

Participation by the Defendant, the living man known as “Peter Klein”, CEO of the SHIRE OF KATANNING: $250,000.00

All payments are to be made in the following methods, in the equivalent mid-market value of the Australian Dollar or the Quantum Financial System as calculated on the day of payment:

.9999 Pure Gold (Troy weight)

.999 Pure Sterling Silver (Troy weight, to the Bourse value of Sterling Silver)

Any other payment method as agreed Cheques, credits and bank account deposits are acceptable Payable to the “Legal Fiction” account: MR DAVID MICHAEL BARKER & MRS ANGELA BARKER Westpac BSB: 736-161, ACC: 517061

Statement-of-Claim-SOC-382389.pdf

Statement of Claim - Court Record (archived)