General Q&A: 20/03/2024

Question Answered During This Q&A Webinar

00:16:14 Brandon: Q. In response my questions regarding  the bank not providing evidence that they “advanced” me a loan a lawyer has brought up High Court case Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) where it was held that “the crediting of a bank account is a legally effective transaction capable of assigning value and and that the loan does not require “real” money to be lent”? Have you come across this one?

00:16:17 Chris: Q: The registered mail at the post office is from Tango Energy. It was addressed to my correct name format. Post office would not let me have it as I had no ID with my address. I told them to send it back. Is this dishonorable? Should I collect tomorrow morning to see what it is?  The last registered mail was from them returning my cheque abandoning there claim and refusing payment.

00:16:32 ihp000: Q. Have you read “The Great Taking”?  If so, would property in a trust be safe?

00:16:58 Brandon: Q. Can you provide some guidance on how I can address the following? The following is a the “Repayments” clause of my loan contract terms.

“If we do not receive value for a cheque, payment order or direct credit, or if an error is made, we may: 

(I) exercise any right or remedy under the loan contract as if the repayment had never been made”.

So the banks lawyers essentially saying that because of the above clause if I pay with anything other than the 3 forms of payment stipulated above they can exercise their right to enforcement action.

00:17:50 Rebekah parker: Hey Mark

What can we do if PN is rejected? Is BOE better as if they refuse they have to pay?

00:18:05 Michael Dominic Russo: Q) I’ve been taken to court by a party that has engaged in fraud against me.  An Assent Agreement has already gone into place between us ‘satisfying’ and charging penalties for their actions and breaches of contract.  Their lawyer has now taken us into court for a ‘Second Claim’ which is based on thin air.  How do I deal with this false lodgment and registration of this matter in court.  Can I address the court directly about this… without going into court?  Thanks for all you do Mark.

00:18:46 evina: Is it true that the electricity company doesn’t have to accept the boe/pn unless its stated in their terms and conditions.?

00:19:04 Jace: Hello Mark,

Q..   I work privately (self employed i guess) as a support worker & use an ABN to get paid through the NDIS (although i am not directly affiliated with the NDIS). Does using an ABN affect which method i can use as the ATO would have a record of my ‘productivity of labour’ through the ABN. Can i still use the self-employed method where i just put a small amount $100 – $500 for the use of my agent in commerce’s bank account, leaving all other amounts blank. If so, is it correct that i will not need to send a declaration along with use of this method? Or does having the ABN change the game for Me? Do i have to declare all my productivity of labour & then offset it with other expenses & send in a declaration?

Q..   Also the year that I went from working for an employer to being self employed has both PayE/G & self-employed in the same year. How would i tackle that? would i send in 2 different returns for the same year using the different methods? or somehow combine the 2?

00:19:32 evina: What can we do if they change the cash in the bank to digital currencty? Do they need our consent first?

00:22:34 Brandon: Q. I did 3 step process with bank while complaint was underway with AFCA. I’m concerned the bank may claim they couldn’t answer my demand notices due to the complaint being under way and AFCA putting a stay on all debt recovery action. Would be better off doing the 3 step process again now that the complaint has finished to avoid the bank using the complaint to get out of the estoppel?

00:24:12 ML: Q: Are you aware of any identification documents that can be issued, based on full Christian names (without using SURNAME).  No bank will open an account using only Christian names, without government issued, photo ID.

00:24:16 :Samuel: L: can a trustee grant his property into the trust that he is a trustee for? ANd if so how is this done and does it attract  stamp duty?

00:26:12 Mark Conroy: I have a commercial property under SMSF in Vic, how do I go about minimising my Land Tax (asked by State Revenue Office), at least removing the Covid Tax, or at best removing altogether?

00:27:54 :Samuel: L: Q. would you know how one can avoid paying capital gains tax after selling property ? Can one roll over the money received from the sale to purchase another property and thereby avoid the tax?

00:32:01 :Samuel: L: Q. When using a promissory note process is it vital that I include my BC or Citizenship cert? What if I don’t have my citizenship cert because I came here on my moms citizenship cert?

00:32:15 Mark Conroy: I’m a PAYG employee with a large corporation, how would I go about minimising my tax?

00:44:35 :Samuel: L: Q. I had been sending notice of breach of contract to my employer but on my notice I had CEO, COO and GM so three people or four people on the notice but to save money I had only been sending the notice to the CEO and also an invoice only to the CEO is this okay or should I have been sending the notices to all those listed even though all of them work for the CEO?

00:44:42 k and M: Q. to transfer money from my Non discretionary trust i got from solution empowerment do i need to take m minutes if i am the beneficiary and trustee

00:50:56 Jace: Hi again, 

Q..   The ATO cancelled my abn last year in march but through the company i send my invoices to they are still going through, i guess cause they are a larger company they haven’t noticed. i only found out my abn was cancelled when i took on a new client & the invoice company they went through checked & let me know the invoice couldn’t be paid because my abn was cancelled. would it be foolish of me to declare productivity of labour i have been paid on my cancelled abn since this date as they may not have a record of it, or would there still be a record of it & could get myself into a mess not declaring it after that date?

00:52:23 Rebekah parker: If purchasing a new property how do we ensure we have most ownership over property? What documents do we need?

00:54:31 Rebekah parker: Glen GS I went into vicroads in person, got new photo and signed on digital screen, I put VC first and all rights reserved then I signed last

Got my new licence few days later

01:08:07 Jennifer Zalme: I pay $300/yr each for 2 houses in South Australia in a country town. I haven’t lived at these houses for several years. I’m looking at how to stop paying rates now to stop this. They’ve been threatening me with the sale of the houses. They are owned freehold so I’m figuring that I can flick them.

01:08:36 Veronika S’ska: apologies if you have covered this tonight but i am wondering whether you can refer me to someone who can assist me in a biz set up. i need to know the best structure to trade as a project manager in property development projects with myself and the collaborating   builders as beneficiaries of the financial outcomes. would a registered trading disc trust work best to avoid liability and headache associated with managing employee obligations for payg and super. should i have a corporate trustee?

01:12:44 ML: Q: I sent a conditional acceptance in response to a government agency.  No response received within the allocated 28 days.  I followed up with confirmation that my terms and conditions had been accepted by tacit acquiescence  – do my “no response” terms and conditions now apply between me and the government agency?

01:21:43 :Samuel: L: When using a A4V do we cross out the word payment slip or like words initial them and write MONEY ORDER and do we cross out any other phrases such as how to pay and payment options in order to convert it into a money order?

01:22:14 Veronika S’ska: im purchasing land and will act as a the project manager on a large greenfield subdivision collaborating with the civil guys and builders

01:25:46 :Samuel: L: Q. if I challenged the lawfulness of the recent Victorian land tax  and then defalult them am I then prohibited from later discharging the invoice using a BoE or promissory note?

01:29:21 Veronika S’ska: Further Q > im aware that an unregistered trust wont assist me here as i need to utilise a commercial loan which is why i require a abn to borrow through because to buy

01:32:54 Jennifer Zalme: Q: How would I go about setting up the local council to stop paying rates on two freehold houses? I wasn’t sure whether to ask her yet but am not really sure where to start with this. I am currently in arrears.

01:35:14 Veronika S’ska: Q. i signed the contract as my first and second name with all rights reserved and or nominee. i have no idea if that was right. have i tripped myself up?

01:44:08 Jace: Q..   So i just want to reiterate, i have an abn, but i am just providing a service directly to my client & need the abn to recieve payment, i in no way consider myself as running a business. So in light of all this i should still declare all my productivity of labour on my tax return as the ato would have a record of it?

01:45:01 Jennifer Zalme: A friend of mine has a mate who lost a case against city link when it opened. The Supreme Court ruled that city link could charge tolls because it is regarded as a building not a road. Apparently this set a precedent. I think he went to jail for non payment. Q:Would I be able to help his friend get out of this nonsense?

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