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1
2
3 Buloke Shire Council & Ors 12-10-2023
4 buloke@buloke.vic.gov.au
5
6 Cc:
7 Cr Alan Getley (Mayor) crgetley@buloke.vic.gov.au
8 Cr David Pollard (Deputy Mayor) crpollard@buloke.vic.gov.au
9 Cr Carolyn Stewart crstewart@buloke.vic.gov.au
10 Cr Bernadette Hogan crhogan@buloke.vic.gov.au
11 Cr Graeme Milne crmilne@buloke.vic.gov.au
12 Cr Bronwyn Simpson crsimpson@buloke.vic.gov.au
13 Cr Daryl Warren crwarren@buloke.vic.gov.au
14
15 Mayor Tim Mayer timmeyer@westwimmera.vic.gov.au
16
17 Ref; 20231012-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
18
19 Objection to so called council rates, etc.
20 Sir,
21 Further to my 16-9-2023 correspondence my obviously question is why Buloke Shire
22 Council has not applied to me any pensioners rate in regard of charges it claimed/claims against
23 me?
24
25 Further, over the years when I was unable to travel to Berriwilock my friend Jeff would look
26 after the property known as 10 Anderson Avenue, Berriwillock. In recent times Jeff has not
27 responded to my emails and it might be that he may be incapacitated to do so or other issues. I
28 have therefore been able to arrange for Cassandra Gabler to assist with her adult son Toby and
29 other family member(s) to attend to the property, expected to be done this month. For legal
30 purposes I have provided authorisation for such entry to the property.
31
32 QUOTE 20231011-Mr G. H. Schorel-Hlavka O.W.B. to Cassandra Gabler-Letter of authorisation
33 To: Casandra Gabler & TO WHOM IT MAY CONCERN 11-10-2023
34 P.O.Box 60, Lake Boga 3584
35
36 Re: 20231011-Mr G. H. Schorel-Hlavka O.W.B. to Cassandra Gabler-Letter of authorisation
37
38 Cassandra,
39 I, Gerrit Hendrik Schorel-Hlavka owner of the property known to Buloke Shire
40 Council as 10 Anderson Avenue, Berriwillock, hereby provide lawful authority to you, your son
41 Toby, and up to 2 other family members, to enter my property for purpose of slashing weed and
42 other related performances, for which purpose I have provided a key regarding the lock on the
43 gates of the property. The property will at all times be off limits as per this sign below applicable
44 for any law enforcement person as well as any Buloke Shire Council staff and others, of which
45 sign copies ought to be also at the property, if not removed by unauthorized person(s),.
12-10-2023 Page 1 © Mr G. H. Schorel-Hlavka O.W.B.
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2
3
4 This correspondence is not intended and neither must be perceived to state all issues/details.
5 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

6 MAY JUSTICE ALWAYS PREVAIL®

7 (Our name is our motto!)
8
9 END QUOTE 20231011-Mr G. H. Schorel-Hlavka O.W.B. to Cassandra Gabler-Letter of authorisation
10
11 There can be no question that I specifically refer to Buloke Shire Council to be prohibited to
12 entry the property.
13
14 It should be understood that I in the 19 September 2023 referred to:
15
16 QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
17 While a State may be deemed to have certain unlimited powers over those who own properties
18 and/or reside within the State reality is however that the State is subject to Section 106 of the
19 Commonwealth of Australia Constitution Act 1900 (UK).
20
21 106 Saving of Constitutions
22 The Constitution of each State of the Commonwealth shall, subject to this Constitution,
23 continue as at the establishment of the Commonwealth, or as at the admission or
24 establishment of the State, as the case may be, until altered in accordance with the
25 Constitution of the State.
26
27 The wording “subject to this Constitution” applies also to all legal principles embedded in the
28 constitution and it takes for this a person like myself who researched the unwritten legal
29 principles as to know and understand how it applies:
12-10-2023 Page 2 © Mr G. H. Schorel-Hlavka O.W.B.
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1
2 END QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
3 And
4 QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
5 Getting back to Carmody J I had absolutely no doubt that he likely was aware of the case and so
6 likely knew that I would succeed in any OBJECTION TO JURISDICTION where Carmody J
7 himself could not maintain to be validly a judge!
8
9 Buloke Shire Councils legal representatives (well they really couldn’t be that) had been violating
10 from onset what was to be done legally and now failed to alert Carmody J that he couldn’t
11 invoke jurisdiction without holding a jurisdictional hearing. They failed to do so and well legally
12 the subsequent hearings never existed!
13 END QUOTE 20230916-Schorel-Hlavka O.W.B. to Buloke Shire Council & Ors
14
15 The Framers of the Commonwealth of Australia Constitution Act 1900 (UK) embedded also the
16 legal principle in tis constitution:
17
18 Hansard 1-3-1898 Constitution Convention Debates
19 QUOTE Sir JOHN DOWNER.-
20 I think we might, on the attempt to found this great Commonwealth, just advance one step,
21 not beyond the substance of the legislation, but beyond the form of the legislation, of the
22 different colonies, and say that there shall be embedded in the Constitution the righteous
23 principle that the Ministers of the Crown and their officials shall be liable for any
24 arbitrary act or wrong they may do, in the same way as any private person would be.
25 END QUOTE
26
27 Again:
28 QUOTE
29 that the Ministers of the Crown and their officials shall be liable for any arbitrary act
30 or wrong they may do, in the same way as any private person would be.
31 END QUOTE
32
33 Legislation cannot exempt any Minister or official claiming to act for the Minister by any alleged
34 exemption, this as this would defy the meaning of “in the same way as any private person
35 would be”. This means, that all and any legislation purportedly excluding a Minister and/or any
36 official claiming to act for and on behalf of a Minister must be compelled to be legally
37 accountable “in the same way as any private person would be”.
38
39 When it comes to fire danger, legislation can only be enforceable if it applies to all persons, and
40 not just some of them. Meaning that any legislation that excludes a Minister and/or any of his
41 officials then the legislation is not valid in law.
42
43 HANSARD 8-2-1898 Constitution Convention Debates (Official Record of the Debates of the National
44 Australasian Convention),
45 QUOTE
46 Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable member is quite right in
47 saying that it took place under the next clause; but I am trying to point out that laws would be valid if
48 they had one motive, while they would be invalid if they had another motive.
49 END QUOTE
50
51 If the motive of the County Fire authority legislation was to safeguard citizens from any fire
52 danger then obviously, where the County Fire Authority, Vic Roads, Government entity such as
53 Ministry of Housing and/or the Council (Buloke Shire Council in this case) is by far worse the
54 offender then any legislation must provide for the same or similar penalties that applied to
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 Page 4

1 private land holders (If this can be applied to private landholders at all), and for this the fact that
2 a property is ESTATE IN FEE SIMPLE also must be considered to be relevant. It is not
3 uncommon that for example government properties are deemed to be off-limits that even making
4 pictures is prohibited. Where any such prohibition exist then likewise the same should apply to
5 any ESTATE IN FEE SIMPLE. After all taking pictures (including video’s, etc.) of a private
6 property is an invasion of privacy of the holder of an ESTATE IN FEE SIMPLE.
7

8
9
10 Hansard 1-2-1898 Constitution Convention Debates
11 QUOTE Mr. OCONNER (New South Wales).-
12 Because, as has been said before, it is [start page 357] necessary not only that the administration of
13 justice should be pure and above suspicion, but that it should be beyond the possibility of suspicion;
14 END QUOTE
15
16 There can be no question about it that Carmody J never invoked jurisdiction in the first place,
17 and also had before him images which showed that Buloke Shire Council over years failed to
18 comply with the legislative provisions to prevent fire dangers. Indeed, soft should fires did and
19 do occur also because of the soft should grass/weed not having been kept cut/slashed as allegedly
20 required to be less than 100mm. It also must be considered as to the liability of Buloke Shire
21 Council where any wheat that grows on my property is the result of the grain silos across the
22 road causing the grain seeds, etc, to be blown on my property and as such the liability must be
23 deemed to be that of Buloke Shire Council or whomever may own the silos for the harm inflicted
24 upon my ESTATE IN FEE SIMPLE property, this as I never gave permission for this
25 unauthorised invasion onto my ESTATE IN FEE SIMPLE property. Hence, Buloke Shire
26 Council must be deemed legally responsible to compensate me for any cost incurred to get rid of
27 the wheat that grows onto my property, as Buloke Shire Council can be deemed to be trespassing
28 onto my ESTATE IN FEE SIMPLE.
29
30 In regard of the “It may be claimed that the State of Victoria purportedly legislated within the
31 purported but unconstitutional Victorian Constitution Act 1975” places the question upon what,
32 if any, legislation purportedly enacted is constitutionally valid and enforceable.
33
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1 The obligation is obviously that Buloke Shire Council at its own cost prevent any grain, etc,
2 from the silo(s) to go onto my property. It simply must ensure it contains it undesired seeds, etc,
3 from leaving its properties and pay for restitution for invading my property and in the process
4 causing cost, etc, to me. After all, if Buloke Shire Council prevented this in the first place my
5 property would not be harmed.
6 For example, if I were to hold any chemicals on my property that in some manner was to end up
7 on Buloke Shire Council property and caused unwanted harm then Buloke Shire Council beyond
8 doubt would pursue me for any damagers/cost. Likewise then visa versa Buloke Shire Council
9 must accept legal accountability for his failure to contain whatever it has on its properties.
10
11 Obviously purported legislation that fails to comply with the provisions of the legal principles
12 embedded in the Commonwealth of Australia Constitution Act 1900 (UK) cannot be deemed
13 legally enforceable and are NUL AND VOID.
14

15
16
17 We need to return to the organics and legal principles embed in of our federal
18 constitution!
19
20 This correspondence is not intended and neither must be perceived to state all issues/details.
21 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Gerrit)

22 MAY JUSTICE ALWAYS PREVAIL®

23 (Our name is our motto!)

12-10-2023 Page 5 © Mr G. H. Schorel-Hlavka O.W.B.

INSPECTOR-RIKATI® about the BLACK HOLE in the CONSTITUTION-DVD
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