IN THE SUPREME COURT OF VICTORIA AT MELBOURNE

S CI 2016 03782 BETWEEN

Thanasis Raptis, 25 Benjamin Street, Parkville 3052 Plaintiff –

and –

City of Melbourne – First Defendant 333 Choice Properties P/L – Second Defendant Defendants PLAINTIFF’S SUBMISSIONS IN REPLY TO THE WRITTEN SUBMISSIONS BY FIRST DEFENDANT DATED 12 JULY 2017 & SECOND DEFENDANT 14 JULY 2017

Date of document: 26 July 2017 Filed on behalf of: Thanasis Raptis Prepared by: Thanasis Raptis Tel: (03) 9741 5477 Fax: (03) N/A Email: [email protected]

FOREWORD This submission in reply was ordered by the Honourable Justice Croft on the 26 June 2017; “The plaintiff file and serve any written submissions in reply (limited to 5 pages) by on or before 21 July 2017.” The plaintiff was unable to file and serve on that date due to the following adverse and extenuating reason; The plaintiff was served notice of Federal Circuit Court proceedings Sunday, 9 July 2017 FAM1060545 for file MLC6500/2017 - Raptis H & T and found himself required to respond at the date, Sunday, 23 July 2017. In that compressed timeframe the plaintiff was required to produce the following documents spanning a 25 year separation interval; • Affidavit • Financial Statement • Response – Initiating Application • Annexures – (To be provided as sought by the Court) The plaintiff is further notified to appear at the Federal Circuit Court regarding these matters on 16 August 2017, the day before, 17 August 2017, the scheduled Hearing – Notice of Appeal - Supreme Court of Victoria – Application SCI-2016-03782. The plaintiff seeks the consideration of the Honourable Justice Croft that these “written submissions in reply (limited to 5 pages)” dated 26 July 2017 be accepted to the proceedings. The plaintiff apologises to the Justice, the Court, and Parties to the proceedings for this 3 working – business day delay. The Federal Circuit Court; Website link - http://www.blunite.com.au/Helen-Raptis-DivorseSettlement.html The Supreme Court of Victoria; Website link - http://www.blunite.com.au/Supreme-CourtVictoria-Application-SCI-2016-03782-2017-03-06.html

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WRITTEN SUBMISSION IN REPLY TO THE DEFENDANTS

1. In January 1901, the Commonwealth of Australia was formed and has since maintained a liberal democratic political system that functions as a federal parliamentary constitutional monarchy comprising 6 States (former British Colonies) as embodied within the Australian Constitution ratified by the people by way of referendum(s).

2. Separation of powers of the six governing British Colonies (States), is implied by the structure of the Constitution, which is the Australian system of government combining elements of the Westminster and Washington systems with unique Australian characteristics, and has been characterised as a Washminster mutation, as per the Australian Act 1986 (English and Australian Parliaments). 3. Section 51 of the Constitution provides for the Commonwealth Governments legislative powers and allocates certain powers; all remaining responsibilities are retained by the 6 States, 2 of which are self-governing, the Australian Capital Territory and the Northern Territory. Each State has its own Constitution, such that Australia has seven sovereign Parliaments. 4. Section 51 of the Constitution provides for the Commonwealth Governments legislative powers to make Laws for the Peace, Order and good Government with respect to Section 51, subsection (xxxi), and allocates certain of those powers; all remaining responsibilities are retained by the 6 States where the High Court of Australia arbitrates on any disputes which arise between the Government of the Commonwealth of Australia having 7 sovereign Parliaments, or among the Governments of the 6 States in Australia, concerning their respective functions. 5. In 1986 The Australia Act 1986 came into effect having two separate but identical Acts which were passed by the (Federal) Parliament of Australia and by the Parliament of the United Kingdom simultaneously, because of uncertainty as to which of the two Parliaments had the ultimate authority.

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6. The Australia Act (Cth and UK) eliminated the remaining possibilities for the UK to legislate with effect in Australia, for the UK to be involved in Australian Government, and for an appeal from any Australian court to a British court.[1] 7. A year later, 15 December 1987, an agreement drawn by Arnold Bloch Leibler (ABL), as a legally binding contract following the Australian Act 1986, where the State Victorian Government – Parliament, referred their legislative powers to make Laws for the Peace, Order and Good Government with respect to section 51, subsection (xxxi) of the Constitution managing the Crown Land and its associated services, to the owners of the 333 COLLINS STREET PTY. LTD. , TRUST, by approving under a Ministerial Granted Permit in 1989, the development of the 333 Collins Street - Commonwealth Bank and its Crown Land, previously owned and managed by the State Government - Parliament of Victoria for the benefit of the Commonwealth, the Citizens of Victoria. 8. The transfer of the legislative powers to make Laws for the Peace, Order and Good Government with respect to section 51, subsection (xxxi) managing the Crown Land and associated services upon that Crown Land managed and owned previously by the State Victorian Government – Parliament as 1 of the 6 States of the Commonwealth of Australia, to the 333 COLLINS STREET PTY. LTD. , TRUST, required the legislative agreement of all 6 State Government - Parliaments and the amendment of Section 51 of the Constitution under which the Government of the Commonwealth of Australia, a federal parliamentary constitutional monarchy, had the powers under the Constitution 1975, to make Laws for the Peace, Order and Good Governance via a referendum of the whole of Australia, and not via the 15 December 1987 ABL private agreement among private entities. 9. The 15 December 1987 agreement, referred without legislation of all 6 State Parliaments and the British Parliament, and without a referendum, the powers of the Australian Government to make Laws for the Peace, Order and good Government given under section 51, subsection (xxxi) of the Australian Constitution, to the 333 COLLINS STREET PTY. LTD. , TRUST, by misleading and deceiving the Australian Citizens, that the 1989 State Government - Parliament Permit issued for the 333 Collins Street office building development, granted only for the removal /

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alteration of the heritage covenant of the 1880 Commonwealth Bank building, under the Planning and Environment Act 1987 and not for the transfer of the State Government legislative powers to the 333 COLLINS STREET PTY.LTD. , TRUST. 10. I unknowingly purchased 1 out of 2 restaurant businesses and leased its premises in prohibition to that 1989 Government of the State of Victoria – Parliament - Granted Permit, reference paragraph 3 of Summons issued 22 June 2017.

11. The second restaurant existing in the 333 Collins Street office building was in prohibition to the only 1 approved restaurant by the State Government and was illegal, it was established and used to remove - altered illegally the heritage covenant of the 1880 Commonwealth Bank. Reference page 10, Initial Affidavit dated 15 September 2016, extracted;

12. The Planning and Environment Act 1987, provides, that if the heritage covenant is altered or removed illegally for the 333 Collins Street development, under a Granted Permit issued 1989 by the managing authorities of the Crown Land, it invalidates the Granted Permit issued by the managing authority, the State Victoria GovernmentParliament. 4

13. Both illegal restaurants existed in the 333 Collins Street building, were closed down by the then Planning Minister in 1999 because neither of the 2 restaurants had the needed Occupancy Certificate to operate legally, as both were in prohibition to the 1989 State Government – Parliament – Granted Permit. 14. My property was acquired by the State of Victoria - Parliament, being of the 7 sovereign Parliaments of Australia, who referred their legislative powers to make Laws for the Peace, Order and good Government with respect to section 51, sub section (xxxi) of the Australian Constitution Act 1975, to the 333 COLLINS STREET PTY. LTD. , TRUST represented by ABL corporation; in contravention to Section 51 of the Australian Constitution, that the Australian Government – Parliament is the only power to make Laws for the Peace, Order and good Government with respect to section 51, subsection (xxxi), for the Commonwealth of Australia. 15. The Constitutional breach of referring legislative Government powers to the 333 COLLINS STREET PTY. LTD. , TRUST WITHOUT AMMENDING SECTION 51 OF THE CONSTITUTION VIA A REFERENDUM, misleads and deceives my Constitutional rights, as well as the rights of every other Australian Citizen, to believe that they do exist, whilst in reality those Constitutional Rights are not represented either by the State Victorian Government – Parliament, or the Australian Government of the Commonwealth of Australia.

16. As an Australian Citizen I am NOT represented by the federal parliamentary constitutional monarchy. As an Australian Citizen I am not also represented by the Lower House of the State Victoria Government – Parliament which approved 1 restaurant and not 2 as part of the “associated retail development“ for the 333 Collins Street development.

17. I have been misled and deceived to believe that my Constitutional Rights are protected under the Government of the Commonwealth of Australia, as a federal parliamentary constitutional monarchy; in reality my Rights do not exist as their powers have been referred to the 333 COLLINS STREET PTY. LTD. , TRUST. 5

18. I have been affected by political decisions under which my property is acquired on unjust terms with no rights and without a fair hearing, by the State Government of Victoria with the vested power of its Parliament which is Her Royal Majesty (HRM), the Council and the Assembly of the Commonwealth of Australia as per paragraph 2 of the 46A Summons dated – filed 22 June 2017 extracted here;

19. ABL, cannot defer their responsibility and their overarching obligations, knowing the facts, to Alberto Rice – Building Manager – 333 Collins Street nor claim that the “Without Prejudice” email correspondence from the plaintiff to Mark Leibler dated 18 January 2107 to deal with the illegality of the business sold and its leased premises cannot be considered a Calderbank offer, deceiving, misleading and violating the private, property and Constitutional Rights involved.

20. Under the section 26(1)(a)(b) of the CIVIL PROCEDURE ACT 2010, I continue to seek the disclosure of the existing audio recording file from the Hearing 6 March 2017, being aware of its ‘omissions and alterations’ (a) as well as considering that its release is critical to the resolution of the dispute (b).

21. All cost orders made by the Associate Justice on 11 May 2017, do not consider the legislative vested powers of the State of Victoria Parliament - 1989 Granted Permit prohibiting 2 restaurants to exist as “associated retail development“ for the 333 Collins Street building.

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22. I continue to seek the relief, being the return of the capital invested by the means of the bank guarantee and the rent paid, for illegally leased restaurant premises prohibited by the State Government - Parliament of Victoria - 1989 Granted Permit;

It has caused me to suffer among others, a pure economic loss of my invested rent capital paid for operating the illegal restaurant business which cannot be legally leased, operated, developed and or sold, which was acquired on unjust terms and prevented me since its operation and purchase in December 2014, to generate a legal income.

Thanasis Raptis Plaintiff

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