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Australian Reform Society Secretary:
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"Accountable Representation for the
People" .Col. Drury.
reform.org.au Freehold land or
Fee Simple. From HCA
Isaacs 1923 and Kirby 1998(Sept) In the case of Vigers v. Dean of "In the
language of the English law, the word fee signifies an estate of inheritance
as distinguished from a less estate; not, as in the language of the feudists,
a subject of tenure as distinguished from an allodium. Allodium being wholly
unknown to English law, the latter distinction would in fact have no meaning.
A fee simple is the most extensive in quantum, and the most absolute in
respect to the rights which it confers, of all estates known to the law. It
confers, and since the beginning of legal history it always has conferred,
the lawful right to exercise over, upon, and in respect to, the land, every
act of ownership which can enter into the imagination, including the right to
commit unlimited waste; and, for all practical purposes of ownership, it
differs from the absolute dominion of a chattel, in nothing except the
physical indestructibility of its subject. High Court Rulings must be enforced by law, 1903 Judiciary Act
Section 15 High Court rulings -‑ Mabo & Others ‑v‑ Quote from Quick & Garran. "Not all enactments purporting to be laws made by the Parliament
are binding, but all laws made
under, in pursuance of, and within the authority conferred by the
Constitution, and only those, are binding on the courts, judges, and people. A
law in excess of the authority conferred by the Constitution is no law;
it is wholly void and inoperative, it confers no rights, it imposes no
duties, and it affords no protection. Few know that our laws were taken from (5) There is Federal law Paragraph
51 of the Australian Constitution limits Federal laws, if 51 does not
specifically delegate a power to the Commonwealth then the House of
Representatives cannot make laws on those matters. If laws are made they are
of no effect and need not be obeyed. Half of the Federal laws have no effect. There is State law The
States were autonomous, so no single entity could get power but they are
subservient to all of the above as reaffirmed in the Legislative standards
act which states: S4 of the Legislative Standards Act 1992 as "Fundamental,
Principles" which are the principles relating to legislating that
underlie a Parliamentary Democracy based an the "Rule of Law"; One of those
principles is that legislation should "not adversely affect rights and
liberties retrospectively". This means that freehold land acquired under a previous act must
continue to have the same rights and privileges that existed under the land
act irrespective of amendments to the act. The land, water, air and trees
were yours and still are. The Government cannot take your right to use the
water, trees, lawfully it is yours to use as you see fit. They do not have a
say. Full force of the Australian Constitution is outlined. The Annotated
Australian Constitution by Quick & Garran provides us with laws a plenty
to prove that the States cannot take control of the soil, water, buildings
and vegetation on freehold land and fee simple land. Victorian Legislation The Acts Interpretation Act 1954 defines enactments in force and
includes (pages 8 ‑‑ s9 Para 6) (a) A British or NSW act that is
in force in as.ppp This means that the Magna Carta
1297 and the Bill of Rights 1689 must be interpreted as written. They are in
force and listed as such in the Imperial Acts Application, No 70 of 1980.
Every other state has similar legislation listing the enactments that can't
be removed. The Acts Interpretation Act also limits the power of the current
Government. At page 8 -‑ 9 para 9 (1) a. it stipulates that, an act is
to be interpreted as operating to full extent of, but not to exceed,
parliaments legislative power. What does it all mean? It means the Politicians cannot seize property, to take control of
your property, even if they make laws to that effect. The laws are not valid, it means that the politicians are subservient to
the will of the people. Land held in fee simple was handed down by King James and is
incorporated in the "Coronation Oath"; the Queen can't ascend the
Throne unless she agrees to uphold the Oath. The full Supreme Court of NSW held that feudal system of land tenure,
and with it the principle that land is held "of the Crown" was part
of law of (444) Quia Emptores
1290 and the Tenures Abolition Act 1660 were part of the English law received
into "Land held in fee simple of the Crown may be assured in fee
simple without license or fine and the person taking under assurance shall
hold the land of the Crown in the same manner as the land was held before
assurance took effect. Section 37 provides: 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. In Section 29 of the Queensland Land Act 1974 states that a person
holding a parcel of land is assured under fee simple tenure of all the rights
of "disponer", and that terminology the disponer is referring to the Crown, so all the rights of
the disponer are transferred to the disponee which is the purchaser. That is binding on the
Sovereign, Heirs and Successors. So when we look at that in total the Property Law Act tells us that
our freehold land is created in fee simple, its created without benefit to
the Crown, other than the aforementioned reservations, that as the owners of
that property we hold that property without license or fine and we are also
assured that each time the land is transferred that all of the rights of the
previous owner are transferred to the new owner. I know at times we all complain about paying stamp duty, in fact the
payment of stamp duty seems to be a payment contrary to fee simple tenure
because it is a title without benefit to the Crown and without license or
fine. Stamp duty seems to be a fee.
Authorised by I Dean Mandurang. |
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