Reply To: Antidisestablishmentarianism

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Jeff Davidson

Many members have taken on councils and defeated minor matters like parking fines and various by-laws but only a couple of very experienced, highly skilled ones have successfully avoided paying rates.

If you don’t know what you are doing regarding the latter you risk losing your house.

The place to start re the Vic constitution would be to see if the enabling act (Victoria Constitution Act 1855 (UK)) allows the amendment or repeal of the Constitution Act 1855 (Vic) and if so on what conditions?

If you can show that the 1855 constitution was never lawfully repealed then the State has 2 constitutions running concurrently but the 1901 Cwlth Constition only allows for 1 and the principle “First in time, best in law” would then apply.

I don’t know of any challenges that have succeeded in invalidating the Constitution Act 1975 (Vic), but perhaps the wrong arguments were made were in each case and that is why they failed?
A possible argument might be that even if the 1855 act permits repeal, in 1901 the jurisdiction of the Victorian Parliament to make laws and the laws of Victoria became subject to limitations imposed by the CWLTH Constitution.

As for the strawman name, it is not yours to copyright. You did not create it, the State did and they own all versions of it including, but not limited to, all combinations of upper/lower case.

Your name that you own is “John James of the family Dow” (to give an example), which you can write as:

John James:Doe